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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.


Self Repping STBX.......

  • scottishlady
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14 Mar 08 #16804 by scottishlady
Topic started by scottishlady
Hi...
I learned yesterday that my STBX has 'sacked' his sol..... and is now going to be self repping......
A letter to my sol from his, stated that they had applied to the court 'to be removed from this matter'... and that yesterdays letter would be the last communication from them....
Along with this letter, they enclosed bank statements that the court had 'ordered' to be supplied... however, there is around 3 months worth of statements missing......
My sol wrote that she had written to my STBX directly, to 'request' the missing statements....

If he is self repping and doesn't comply with this request.... is there anything that I can do?

Does it make it easier/more difficult to 'negotiate' now that he no longer has a sol?
Are there any other 'implications' that I have to consider, now he is self repping?

Sorry for so many questions, but any advice would be appreciated

SL:)

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15 Mar 08 #16884 by LittleMrMike
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The fact that he's sacked his solicitor doesn't relieve him from his obligation to disclose his bank statements. I think your solicitor is going about it correctly, and if he doesn't respond then the Courts have quite a few powers they can use - if necessary they can send him to prison. A last resort, of course. Leave it to your lawyer and don't forget to claim the extra costs caused by all this messing about.

If he's sacked his solicitor it may be because he thinks they're incompetent or they may just be telling him something he doesn't want to hear. and yes, I'm afraid it could make negotiations that much harder if he keeps on raising red herrings.

Mike

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15 Mar 08 #16902 by scottishlady
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Thankyou Mike....
Your response is very much appreciated....
It looks like the bank statements he has supplied have been printed from the internet, so, there should be no reason why he couldn't have also printed the 'missing' sheets, but, the reason for this, I believe is because they will show where he has disposed of large sums of money.....
I also noticed that he is paying a 'large' loan by direct debit every month.... when he declared on his form E that he has no debts....

I guess I'd better prepare myself for a long slog....:(

Thanks again Mike :)

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16 Mar 08 #16904 by OHPPS
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Scottishlady
I would think that if it is now in the court process that it will not be such a long slog as the court has a very strict timetable. In my case the FA was adjourned due to lack of pension detail from my ex. This went on to FDR which again my ex tried to adjourn but the courts weren`t having any of that. Got the required document 1 day after the notice that the appointment was going ahead. Although the FDR was non productive. I understand that Personal litigants can be quite time consuming but quite sure a judge will see through all of that

Val1

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16 Mar 08 #16911 by scottishlady
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Thankyou Val1....

I am supposing the theory behind him failing to produce these documents...I believe, is that, he will be thinking 'if he doesn't produce them, then he cannot be questioned regarding them'.....
I suppose I am looking for some reassurance that he won't be allowed to get away with this......

Does it happen, that at any point the judge will continue without him producing these documents?

SL:)

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16 Mar 08 #16916 by OHPPS
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SL
He has to produce 12 months bank statements to accompany form E. Form E is just the start of the process. Therafter you can ask him about anything you feel you need to as long as it`s relevant.

You should ask your solicitor about this if you have one

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