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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.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


FDR

  • JAYNEY
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29 Feb 08 #15383 by JAYNEY
Topic started by JAYNEY
After £10k on 2 solicitors (now sacked) I still dont have a completed form E from stbx. I have nothing left to pay with. I have FDR hearing next month I am going to represent myself. We have agreed matrimonial house price and business valuation. My stbx has 3 properties for sale which he denied to soliciors and would not include in form E(I have estate agent details)he has formed another Ltd company to 'move stuff'(I have company number) and is trying to persude me to agree before we get to court on small amount for Clean Break. I just want the 50/50 the judge I hope will agrees.I am single handedly running OUR business while he is 'off' so have hardly any time to research what the hell I need to do! help what is the format, how do I present myself in court? I know I need to send something off to court 7 days before but what? will a letter do? He is very confident and strong right now I am not but I cant use another solicitor. How do I get my facts over without becoming an emotional wreck when I am there and see him?

  • LittleMrMike
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29 Feb 08 #15414 by LittleMrMike
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Jayney,

A Financial Dispute Resolution is not the same as a full hearing.

What the judge may do is, first of all, (s)he will decide what information is still required from both parties, and may make orders compelling either of you to take further steps within a specified time. these orders have to be taken seriously as failure to comply could add to your already considerable costs.

You say that your x2b owns two properties and denies it. You do know, don't you, that you can get copies of the Land Registry entries relating to these properties ?

Unfortunately, it's very hard to help you on the basis of the limited information you have given.

The first step is, and has to be, to identify the property in dispute.

The next thing you must focus on is your needs. Particularly, you need somewhere to live, and so does he, but if has has three properties that shouldn't be a problem !

Do you have any children and if so how old are they ?

You really need to be aware of the factors which a Court is required to consider when making its adjudication. I think you will find them on this website somewhere, they are to be found in section 25 of the Matrimonial Causes Act 1973. Look through these, and read mark learn and inwardly digest them, because these are what a judge will concentrate on.

Frankly, madam, your post worries me a lot. For a start it concerns me that you've spent £10K and you've not even
had the FDR. It looks to me as though your husband is likely to steamroller you if you are not careful.

If you would like it, send me a private message. We can take it from there.

Mike

  • Elizabeth
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29 Feb 08 #15427 by Elizabeth
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Hello Jayney,
I have spent last 18 months going through the court process so I do have some knowledge of what needs to be adhered to. Sounds like you had bad experience with solicitors. Worry about your own form E, gather as much information as you can regarding property (presumably jointly owned) any assets singularly or jointly owned. You need to have it "sworn in" this can be done free at any court or for approx 5 pounds at a solicitors - if any solicitor tells you have to have each page sworn in - walk away. I had that and would have been hundreds of pounds lighter for nothing!. You will need to get it to the court by the date they specify. You can't worry about what he doesn't do - I found the same frustrating thing when my ex did not produce evidence of shares he had sold off. The court will not see it in a good light that he is not conforming - just do the right thing by yourself. I produced my own Form E and wrote my own letters to my ex's solicitors - saved literally thousands. If I knew what I knew now I would have represented myself at the FDR - basically as waste of time but the benefit may be that the judge will ORDER your ex to produce the missing info he is not providing - he will have no choice. The FDR is only any good if you can see an agreement between you - if there is no chance of that it will more than likely proceed to a final hearing - I would then strongly recommend you be represented by a barrister then. Sounds like you have a lot to fight for, be strong and don't let him intimidate you - treat it like a business transaction. You sound like you are strong and are coping admirably. If I can be of any help send me a private message.

  • JAYNEY
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10 Mar 08 #16341 by JAYNEY
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Hi Mike I have now got evidence of stbx properties, one morgaged and another 2 about to be 'bought' from his ltd company into his own name. have copies of morgage transactions. Also he is about to purchase another property via another ltd copmany (not declared) I am worried I took info from his briefcase when he was away (with my replacement! so how can I explain how I obtained this? do I simply write a letter to court to explain what I am expecting and happy with? I have 3 options I would like to present will look at matrimonal act as you suggested

  • JAYNEY
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10 Mar 08 #16363 by JAYNEY
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not sure working this email right! quick summary have evidence of stbxh properties. He is buying 2 from his ltd company into his personal name. Have his mortgage offers & estate agent details. did photo copy them (he doesnt know) can I use this?

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