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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.

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

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court hearing but no full disclosure

  • veryfrustrated
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01 Jun 12 #334475 by veryfrustrated
Topic started by veryfrustrated
My OH (Respondent)has a FDA in a couple of weeks but the Applicant has not disclosed any of her pensions on her form E and has not responded to the questionnaire. OH has disclosed his pensions but is still waiting for a CEB from the one in payment and it is unlikely that it will arrive in time as it is with the acctuaries.
Also the Applicant is insisting on a full disclosure from me as the new partner because I have a property (and am expecting). I do not believe they are entitled to this info (as I have read several posts regarding this on wikki) and as such am declining to provide this information.
My OH solicitor is now saying that as I am not prepared to disclose my information and my OH does not have the CEB that she feels it would be better for him to hire a barrister rather than her represent him...we feel she just doesn''t fancy it much and suggested a postponement is requested until all facts are available.

Any suggestions gratefully received.

  • hadenoughnow
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01 Jun 12 #334480 by hadenoughnow
Reply from hadenoughnow
If this is first appointment coming up then usually questionnaires are answered after the hearing on the Directions of the judge. It sounds like this may be a combined FDA and fdr which could only happen with full financial disclosure. As far as the pension goes, I assume your oh is already retired. If that is so then he had already had a lump sum and is receiving a pension income. That will presumably have been declared on form E.
If a pension share is appropriate in this case, then the judge may order a joint actuarial report to determine how it should be split.
It may not be appropriate dependi
ng on other factors.
Your income etc is relevant in that he has help with household bills etc. However you do not have to disclose details. He can just say he does not know your income.

If the disclosures are in place for this to be an FDR at which binding agreement may be reached, it may be sensible to have a local barrister on side. If it is just a fda then it seems an unnecessary expense.

Hadenoughnow

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01 Jun 12 #334482 by veryfrustrated
Reply from veryfrustrated
Thanks Hadenoughnow.

He is not retired but had to pull down a pension during the marriage due to ill health. He still works full time but has had to take a more sedate job at a lot lower rate. He had a lump which was spent withi the marriage and the rest is paid as annuity, he still has a couple of other pensions one of which he is still contributing towards.

It is booked in as an FDA (Barrister £600 + vat) but may turn into FDR (Barrister £1250 + vat) if both parties happy to negotiate without full disclosure....according to solicitor.

Also on form E OH only put his own income needs, ie his contributions (being half of bills etc)

Thanks

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