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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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Final disclosure before FH?

  • dan1k
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05 Apr 12 #321935 by dan1k
Topic started by dan1k
My ex has answered my Q without giving full disclosure, so I completed a Schedule of Deficiencies. At the FDH he was ordered to reply to my Schedule of Deficiencies. I have just received the replies and they are still deficient.
Not only are they lacking, but I can prove that he is lying. I have found evidence today that instead of the disclosed 1 lot of land he has 23 lots. This is just one example.
How do I proceed? Do I apply to court for another hearing prior to my FH at the end of July?

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05 Apr 12 #321940 by dukey
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It''s probably wise, if not then you risk the FH being adjourned, the judge really needs to know what assets are actually available for division, or if push comes to shove the judge may in the end have infer based on the information presented.

Directions is the best next move.

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05 Apr 12 #321942 by dan1k
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Thanks Dukey -

I have been told I need to download a D11 Form and fill out and send to court.... Do you know how I fill in section 3?
In my case what order am applying for?!?

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05 Apr 12 #321951 by dukey
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The respondent/applicant has failed to comply with Directions at (FDR?) I therefore request a penal notice be attached to existing directions from judge (name).

A final hearing is listed on the (date) without full frank and honest disclosure the hearing maybe adjourned.

It''s best to keep it fairly short.

Black ink and block capitals when completing the form by hand.

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05 Apr 12 #321956 by dan1k
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Thanks so much...and that would be considered the order I am asking the court to make? Sorry, I''m new to this!
Also would I need to add a time scale for the disclosure, or does the court decide this?

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05 Apr 12 #321959 by dukey
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Oh it''s fine we were all new once.

The form is a little misleading, your really asking a judge for advice, I know it says order, what you do is present a problem to the judge so he/she can order a way forward, in your case your ex was ordered to answer some questions, this has not happened, time to let the judge decide how to proceed.

Timing is for the judge to decide, he/she will take into account what information has not been provided and why, and how long until the FH.

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05 Apr 12 #321961 by dan1k
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Thanks for understanding!!!
When I have to state what is missing, do I summarize, or do I specifically state?
For example I have copies of land deeds with his name on that he has thus far omitted. Says he can''t get credit card statements further back than 12 months, have letter from bank saying he can.
Do I include all evidence or will this annoy??!!

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