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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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Court Terms - What do they mean ?

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08 Nov 07 #6161 by dun
Topic started by dun
I am looking at a list of what is before the judge for family law matters can someone please explain what the following mean:
Hearing - Obvious - an actual court hearing.
Ruling - why would you have a seperate day for a ruling ? Is this not what a judge does at a Hearing?
For Mention - ?
Adjourned Motions - obvious.
Motion - What does this mean - can a decision be made by the judge - eg Motion for Judgement in Default of Defence or does this just mean a process and a Hearing is granted for some future time.

I am trying to understand what - For Mention and Motion mean
thanks

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08 Nov 07 #6166 by Sera
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dun wrote:

Hearing - Obvious - an actual court hearing.
Ruling - why would you have a seperate day for a ruling ? Is this not what a judge does at a Hearing?


I can only explain that bit (I think!?)
In my first divorce, we had a full trial lasting 3.5 days. The judge heard both parties evidence, and cross-examination for the first three days, then we adjourned for his consideration of all facts.

The judges Ruling came on the last (half) day, once he had time to refelct on all aspects.

The rest, no idea! But will be awaiting answer for my own use later down the line!

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08 Nov 07 #6171 by dun
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I have found this on a web site:
If the parties cannot resolve the issue between themselves, they may choose to ask the courts to make a determination. This is done by way of Notice of Motion, whereby the applicant applies to the court for a date to have the matter heard. The date will be issued by the court office.

If the terms of a separation/divorce have been agreed, the parties bring a Notice of Motion for Judgement to have the matter ruled by the court. If the matter requires a full hearing, a hearing date in contested applications is given by way of a Notice of Trial.

It helps a little but still does not explain what "For Mention " means.

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08 Nov 07 #6174 by Fiona
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I'll give it a bash.:P

A motion is an application made in court for some subsidiary
purpose during the course of an action.

A for mention hearing is a sort of review. For example, if there is a fact finding hearing and there is to be another hearing where the judge decides what to done about the facts that he previously found there might be a for mention hearing to check on the progress in the interim.

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