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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

What physically happens in court?

  • petitwinkle
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28 Nov 24 #524644 by petitwinkle
Topic started by petitwinkle
Apologies if this seems silly but I am autistic. I am really scared about the unknowns of court and struggling to find any information about just what court looks like:
Things like- who's there in court? What does the judge do? How much do I talk? Does my solicitor answer questions for me? How long is it? Etc

Any personal stories, of any depth of information, in any stage of court are greatly appreciated - I'm currently waiting for timetable as ex husband refusing to negotiate, got sign off to court as MIAM has been deemed inappropriate (he went midway through form E questionnaire, despite my practical begging for hybrid mediation or anything to keep it out of court

Thanks

  • WYSPECIAL
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28 Nov 24 #524645 by WYSPECIAL
Reply from WYSPECIAL
The first stages, and probably as far as most people get, are held “in chambers” which is just a fancy way of saying in an office.

The district judge will be sat at the head of a table then you and your brief will be say down one side and your ex and his brief down the other.

Your solicitor will usually do most of the speaking for you.

  • BNorton
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29 Dec 24 #524825 by BNorton
Reply from BNorton
Hey. Wanted to reach out for what it’s worth - I’m ADHD (very likely AuDHD but only diagnosed the former) and have spent 4yrs both represented and now litigant in person.

The process can be quite daunting, but if you are represented there is very little participation, as such, for you. You can pass thoughts and ideas to your counsel and depending on the type of hearing you might give evidence, but you’ll be told that in advance.

Each hearing and process will be slightly different given the circumstances but many elements will be just the same wherever - quiet room, you’ll be the only people there along with the judge, clerk and whoever your ex brings.

One thing I will say is make sure you have your requirements and needs on your application - I don’t think I made enough of mine and whilst the interests of any children involved will always be the greatest consideration, don’t shy away from making sure that you are accounted for. A lot of ‘us’ have difficulty in putting ourselves out there or ahead of others’ needs and sadly I don’t think there is the understanding - at least in my experience - of what that looks like. The Disability Act dictates that any provisions must be made for you in the provision of the court process, albeit there is nothing to guarantee how it will impact a judgement.

Hope some of that helps. I’ve got limited experience but happy to talk.

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