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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.


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Going Straight to Final Hearing

  • lifelong
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28 Apr 12 #326940 by lifelong
Topic started by lifelong
Hi, am new on here but I would just like to ask the following, having already run up thousands of pounds in legal costs to date.
Having agreed a price for FMH we managed to stop the FA and rescheduled for a FDR which is next month. However STBX has failed to make full and proper disclosure on form E,did not provide full and satisfactory answers to Questionnaire and does not intend to answer specific questions raised in Schedule of Deficiencies. His offer is laughable given the circumstances and we are very unlikely to settle at FDR, is it possible given the above that I can avoid the FDR too and go straight to a FH where he can be properly questionned by my Barrister about his disclosures etc.... I am trying to save the extra cost of the FDR on yop of a FH as I feel we are too far apart to agree anything and there is also a young dependent adult with a disability that also comes in the equation, whose needs are being disputed.

Thank You

  • sexysadie
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28 Apr 12 #326947 by sexysadie
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I am no expert but it seems to me that you probably need to have your FDR turned back into a First Appointment. The FA is your chance to get the court to require your ex to produce all the things he is refusing to at the moment.

What you might be able to do, though, is to ask to go straight from FA to Final Hearing. This was offered to us at FA though we turned it down and settled at FDR. But you do need a hearing before the FH so that the Court can order your ex to give complete declarations and remedy the deficiencies in his form E.

Best wishes,
Sadie

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28 Apr 12 #326951 by .Charles
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It is possible to make applications for specific Directions particularly if the other side fails to provide disclosure. The key is to do this in good time. There is no point making an application a week before a hearing as the court has to list the hearing, hear from the parties, give directions and allow a reasonable timescale for the defaulting party to comply with the Directions.

It is possible to apply for directions and adjourn the FDR to a later date on the basis that disclosure has not been completed. An FDR is less expensive than a final hearing but it is possible to proceed to a final hearing without an FDR if it is clear that a party is refusing to approach the process with open hands.

Charles

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