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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.


How long does the court journey take?

  • missguided
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06 Oct 12 #359552 by missguided
Topic started by missguided
Hi

We are failing miserably to reach a financial agreement and it is looking more likely by the day that this will end up in court.

I know every case is different, but what are approx timescales for this process?

Time from application to first hearing
Time from then to any other hearing (im a bit wooly about how many there are).

Just need to prepare myself for worst case scenario to hold up my sanity

Thanks

  • cliasmol£7
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06 Oct 12 #359554 by cliasmol£7
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I am going to hell and back this one. I have decided that mediation is a waste of time/ money, the only way to grt justice is court. be it that is stressful/ expensive

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06 Oct 12 #359557 by cliasmol£7
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Dear
I have been to hell and back, old man earns 200K a year is offering me 6K a year in maintenance !, mediation next week as a joke swap forms then straigt to court. I am basically fighting for my surival

  • sauri
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06 Oct 12 #359560 by sauri
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you file for financial relief, within a week you should have court inditactions and dates listing first hearing that would be 12-16 weeks from filing for financial relief. First hearing is to exchange questions, if there is not many you could go straight FHR. Otherwise you would wait another 8-16 weeks for FHR depending on what needs clarifying. then you have got a hole day even FHR where 90% cases reach agreement of some sort. If you are in unlucky 10% you are facing serious costs for a proper trial. On average 4-9 months to solve this fairly amicably.

  • Serendipity100
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06 Oct 12 #359627 by Serendipity100
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Misguided: Ct process is FA, and you will get Form G asking if possible to use this as FDR. If not, FDR next, then FH. Most cases do not need to go to FH as previous poster opined.

Time scale? Depends on degree of negotiation and voluntary disclosure so that a Consent Order can be drawn up preferable - saves on costs and angst. But basically, it is a question of how long is a piece of string - all depends on external factors, the most important of which if there is any negotiation ability between you. form E questionnaire and counter- questions can prolong..... Form E needs to be done before FA, btw. You should get FA date through 2-4 months from date of Petition, depending on how busy your local court is. Suggest you take some time to read back posts and research - you also have dependent child of the marriage. Fantastic site to learn about the legal process, and have condensed my reply re the question you asked. Hope it helped.

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