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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 Bundle

  • maggie
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20 Feb 08 #14477 by maggie
Topic started by maggie
Practice Direction of 10th March 2000 applying to all family cases issued in the High Court and Royal Courts of Justice whatever their length, and in the County Court before Circuit or District Judges where the time estimate is ½ day or more.
The Practice Direction dated 10th March 2000 requires a paginated and indexed bundle of documents to be provided in every case which falls within the criteria set out above. The responsibility for the preparation of the bundle falls to the party in the position of Applicant at the hearing.

Who is the Applicant?
Does only one spouse ever submit From A to apply for ancillary relief ?

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20 Feb 08 #14507 by Vail
Reply from Vail
Maggie,

The Applicant is normally the person applying for the divorce, ie the petitioner. There may be a case where the Respondent applies for a hearing (for example because the petitioner has delayed matters) in which case I believe that they become the Applicant for that hearing and follow the rules for that hearing but remain as Respondent under the divorce proceedings as a whole.

I can't see what is to stop both parties applying for Ancillary Relief. Usually it's pointless but again if one applies first and then does nothing, the other can apply later and push the issue.

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