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What are we each entitled to in our divorce settlement?

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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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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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Asking for an adjournment

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26 Jul 12 #345535 by u6c00
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Hi Wiki people, hope you can help. Just been on the phone with a solicitor who has given me some free advice (very helpful!)

I have a court hearing on 9th August to discuss interim contact and my ex''s application to move house 60 miles away. The Cafcass officer is going to be present and I need to cross examine her because her report was not really adequate.

I tried to find a direct access barrister but I''ve since been told that because my Legal Aid application is in appeal (independent adjudication), the only way I can use a direct access barrister is by agreeing to fund the entire proceedings privately, which I just cannot afford.

The solicitor recommended asking the court to adjourn the hearing on the 9th until public funding decision has been made.

At the moment I cannot get legal representation! I cannot hire a direct access barrister, my solicitor is helping me for free under the legal help scheme and can''t represent me, nor can she hire a barrister for me while the application for Legal Aid is ongoing.

Another thing to consider is that the hearing is for interim contact. Current contact is supervised pending a psychiatric report. This report cannot be filed in time for the hearing. In the meantime, I am limited in what contact I can agree to because of availability of a supervisor. Therefore at the moment I cannot propose the contact that I would like, and am likely to only be able to agree to alternate weekends. This is going to be seriously detrimental to my application for shared residence which is to take place at a later hearing.

So can anyone tell me who I would write to in order to request an adjournment? My ex is going to oppose any adjournment because she wants it listed urgently so a decision is made by September for start of the school year. What is the likelihood that I will be able to get it adjourned?

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27 Jul 12 #345736 by u6c00
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bump

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27 Jul 12 #345737 by Fiona
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You would write to the court requesting adjournment and copy your ex''s solicitor. They could then object to adjournment but the decision lies with the judge. The probability of adjourning to allow sometime to get legal representation is good although not certain.

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06 Aug 12 #347576 by u6c00
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Adjournment refused :(

So I can''t have representation at this hearing, which is to involve cross-examination of the CAFCASS Officer (unless Legal Services get back with an answer by Wednesday!)

Any advice? The CAFCASS report was not really up to scratch, but I never imagined I''d get to the point of cross examining witnesses as a LIP.

I''m actually a bit terrified!

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