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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.


First Appointment - Self Representation

  • ambeljazz
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24 Sep 07 #3864 by ambeljazz
Topic started by ambeljazz
Hi, my partner's soon 2bx has finally pulled her finger out and we have a date for the First Appointment. We have completed form E, submitted it to the court and exchanged a copy with her solicitor. I've read somewhere that he needs to compile a 'chronology'? Can anyone assist on what info this needs to contain and whether this has to be exchanged with the courts & the soon 2bx's solicitor prior to the First Appointment?
Also, my partner would like me to be his MacKenzies Friend - could this be refused by his ex?
Any help or advise on self representation and what happens at the courts during the First Appointment would be much appreciated.
Thanks in advance!

  • Fiona
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26 Sep 07 #3995 by Fiona
Reply from Fiona

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26 Sep 07 #3997 by jasmine
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When you get given a notice of first appointment.
You are told by what date the form E has to be exchanged.
Then there is a second date when you have to file
a chronology
a Questionnaire raising questions about the form E
a statement of issues
and a notice form G which states you are ready to proceed.

and exchange it with the other party.

  • PETAL
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26 Sep 07 #4012 by PETAL
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My Statement had 11 exibits and was a total contradiction to my stbx as he had told lots of porky pies and lied all over his.

Use this as a weapon my friend form E is not gonna give much info except for the debts/assets/pensions and savings so on.

If you want to go for the a better settlement keep plugging away till it looks really good. My stbx made his 2 pages long and looked like it took 1 minute while he was on the loo.

Must say I paid for mine as it was so complicated but if yours isnt dont.

Gave me a big satifaction when I read mine though which is always good.

As for your friend Chris m had an article on this the other day in the forum might help.

  • OBEs 1 canoodly
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26 Sep 07 #4013 by OBEs 1 canoodly
Reply from OBEs 1 canoodly
Hi Amble

You dont say whether you are currently living with your NP and what your set up is. i.e. do you rent or own a place together?

This information is important because if you are living together it is possible you may be called into court to give evidence to back up your partner or even your own financial situation and therefore you would not be allowed into the court as a McKenzie friend as this would make you priviledged to information and unable to give evidence as a witness.

However, even if you are not living together you are correct in thinking that it is quite likely his wife may object to you being present in the room with them.

This is how it was for me but someone else may be able to give you more solid advice. If you post some more information some of us may be able to give you more detailed advice.

I wish you luck.

OBEs 1

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27 Sep 07 #4037 by ambeljazz
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Thanks for the replies!

OBEs - My partner and I rent a property together, have joint bank account and we are paying 100% of the mortgage on his FMH (which his ex2b lives in - they separated over 4 years ago and had agreed to 2 years separation being reason for divorce but x2b decided to file for divorce on unreasonable behaviour just prior to the two years being spent!! She said she wanted closure on the marriage so that she could get on with her life, but has stretched the process out for a further two years as she knows it is stopping us from getting on with our life!).

I hope that I will be allowed to be his 'assistant/MacKenzies Friend' as I know the finances inside and out (he doesn't deal with these at all) and he is dyslexic so would needs my assistance to understand any forms etc.

It was interesting reading his ex2b's financial statement (form E) as she has put the mortgage payment down as one of her current and future expenses.... can anyone tell me if she is right or wrong to put this down as her expense when she has not contributed anything towards the mortgage since their separation. She has also put down the buildings insurance policy as one of her existing costs but I paid it!! She has included the letter confirming cover which is thanking ME for payment in full!!
Also she is claiming that the house is in need of repair (it is in need of a clean up as she doesnt understand the concept of housework!) and has claimed that future cost per month for repairs is over £1000... we have no idea what repairs she is claiming the property needs!
Lastly - in November 2006 she took out a bank loan in her name and now owes over £8000, will this liability be taken out of the 'joint pot'?

My partner has suggested during mediation (which broke down) and in writing a 60/40 spilt with regards to equity as ex2b wants the house. Ex2b has requested sole ownership of the house with spousal maintenance & child maintenance.

I know thats lots of questions/info but again any help or advice would be most gratefully received.

Cheers!

  • Sera
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27 Sep 07 #4040 by Sera
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The courts will rely on FACTS! So, if you've paid the mortgage, insurance whatever, then you provide that as fact. (Bills, bank statements whatever you have).

The court will decide on her housing needs for the future. If she's not paid the mortgage since seperation, (and if she stays in the family home), the payments for her future 'needs' will include her new mortgage payments, (or her rental needs).

The court don't get into petty squabbles about housework. If she lives in filth, that's her choice, however, under her 'needs' will be the usual utilities etc. She may need to prove any 'repairs' works she is claiming she's done. (Especially if they're now dividing the home). If she's claiming for future repairs, she would best get estimates from a few companies, (at least then you know what she's claiming for!). If she's suggesting the garden shed needs to become a solarium/steam-room/gym complex at £18,000 I think a judge would see through her extortionate claims!

I always think that if the 'opposition' lies, it stands you in good stead, to expose them thus in front of a judge! (Especially when self-repping). So just keep getting as much info as possible. (Since your partner still owns the home, maybe he could get quotes for repairs?).

I'd ask his doctor for the report on 'dyslexia' as justification to you being there.

Also, ask the court-clerk for direction in court-conduct. ie: "How do I address the judge"! (Or follow suit) from her side.

I'm not 'legal' so can't advise further.

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