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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.


Help needed please - quick question

  • fileygirl
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20 Feb 08 #14461 by fileygirl
Topic started by fileygirl
Morning all

Could someone please point me in the right direction. My partner is having to attend a directions hearing on Friday 22 February as he has asked for an adjournment as he is changing solicitors and his old one will not release his papers until the £7k+ bill has been paid.

On reading this board yesterday it has come to our attention that his stbx's solicitor should have sent through a "court bundle" to him. We contacted his old solicitors to see if it was there but no they had not received it and neither have we. The Final Hearing date is 27 February. Does anyone know the clause on the Family Proceedings 2006 Act that states these should have been recieved at least 7 days before final hearing. This may also help with the adjournment on Friday if we can chuck this to his stbx's solicitor and help us get a new solicitor on board. Many thanks

  • JulesW
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20 Feb 08 #14463 by JulesW
Reply from JulesW
I found this but I am no expert on this area;


www.opsi.gov.uk/si/si2006/20062080.htm

Lots of mention of sending documents on within 7 days of receipt. I just loaded the above link and searched for 7 days.

Good Luck

FBGS

  • maggie
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20 Feb 08 #14468 by maggie
Reply from maggie
From Ancillary Relief Protocol lawsociety.org.uk/documents/downloads/dynamic/flpappendix1.pdf
Have you already been to court for a hearing?
It looks as though the applicant is responsible for making sure it goes to court and retrieving it.
My instinct[no experience] would be to ring the court dealing with it and ask .

  • fileygirl
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20 Feb 08 #14470 by fileygirl
Reply from fileygirl
Many thanks for all your help with this.

Maggie, Yes my partner has been to court but the usual story I'm afraid. She is legally aided so does not care about costs or time involved with this divorce. My partner walked out of the home with just his clothes in bin liners after 28 years of marriage, has never been awkward with her told her she could have all the equity out of the property (which has since been sold and there is £80k+ sat in a bank account) all the chattels and the car. But NO she wants more. She has her own business but has not declared all her income from this for years. She also wants 50% of his pension. She has no dependants, is using any and every ailment and excuse as to why she cannot work full time (she even pulled out of mediation when the mediator asked her how she was going to support herself!!). This is now sceduled for a final hearing on 27 February but as mentioned we have not received any "court bundle" from her side.

  • maggie
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20 Feb 08 #14471 by maggie
Reply from maggie
Ancillary Relief Protocol 3.3
lawsociety.org.uk/documents/downloads/dynamic/flpappendix1.pdf

Bundles shall be lodged, if practicable,
two clear days prior to the hearing.

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20 Feb 08 #14475 by maggie
Reply from maggie
This explains as well www.deanscourt.co.uk/ancillary.asp

useful timetable for self reppers

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20 Feb 08 #14479 by maggie
Reply from maggie
I've just noticed these errors in the
www.deanscourt.co.uk/ancillary.asp

"At least 7 days prior to the Final Dispute Resolution Hearing (FDR)"
It should read Financial Dispute Resolution - FDR

"the Applicant must file all offers, proposals and responses, including all without prejudice and Calderbank offers to the court."
Calderbank Letters /offers were abolished in April 2006
after new costs regulations came in
see
www.familylawweek.co.uk/library.asp?i=1806

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