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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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My FDR has Magistrate instead of Judge...Why?

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15 Jul 21 #517266 by Chevette
Topic started by Chevette
Just checked with my court & my upcoming fdr next week has a Magistrate & legal advisor instead of a Judge. there are no children in this case, it is simply a financial settlement.....
Has anyone ever known of this before?.....seems very strange to me.

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15 Jul 21 #517267 by .Charles
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Since 2014 there has been no distinction between the Magistrates Court and the County Court - there is only a Unified Family Court.

This means that the magistrates have the same powers as a Judge.

Charles

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15 Jul 21 #517268 by Chevette
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Thanks for your reply Charles,
so this is totally normal practise is it? why is the legal advisor there?

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15 Jul 21 #517289 by .Charles
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Well, that's a different question...

It was always intended that the two courts would become one but in reality there are still different levels of complexity which demands different levels of expertise.

A magistrate who receives no wage compared to a judge who is often a specialist in their field will approach a case in a different way. That's not to say the outcome will be any different in the same way that any given case can have a different outcome with different judges.

There isn't anything you can do about the allocation of judiciary so you will have to bear it I'm afraid..

Charles

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15 Jul 21 #517290 by Chevette
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Thanks Charles, I have spoken with my solicitor & barrister, they both say, it is unheard of for a Magistrate to preside over an FDR, they do not have the jurisdiction to hear it....so we'll see.

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