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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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FDR Procedures

  • gibbi1
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25 Mar 08 #17638 by gibbi1
Topic started by gibbi1
I have an FDR hearing in 2 days time. My solicitor decided to withdraw from my case due to unpaid fees, so I have decided to self represent myself at the FDR. I have just sent to my wife's solicitors my Response to her Questions on my form E1

? Do I need to send a copy of these to the Courts as well ??:S

  • DownButNotOut
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25 Mar 08 #17641 by DownButNotOut
Reply from DownButNotOut
Yes you should.

But more importantly, if you havent done so yet, try to draft up a 2 page summary of the issues in your case....and your arguements against each issue.


The judge is only human and has little time to prepare for the FDR. If you can provide him with a very nice summary to read you get brownie points.

Something like this:

Offers

I have made the following offers:
- XX to get 26237
- XX to get pension share of 9923
- XX to get 323 per mth child support for 5 yrs

I have received the following counter offer:
- YY to pay 56237
- YY to give pension share of 19923
- YY to pay 423 per mth child support for 8 yrs

Issues

1) Petitioner thinks pension should be offset against house at full CETV value.
Based on Maskell vs Maskell i think pension should be treated for offsetting purposes as being worth 25% of CETV

2) Petitioner believes i should pay child support until end of uni.
I believe it is more normal for child support to end after secondary education. If my child needs support at uni they can come to me directly plus take a student loan.

3) Petitioner states the my 26252 cerdit card debt is my responsibility.
I can show that it was all spent on reasonable incurred living expenses and so is a joint loan.
etc
etc
etc


My position

The judge will ask you what you want so be prepared to communicate this concisely.
This may be the same as you offer (if you made one)...
or you may now verbally be prepared to 'up' your offer a bit.
Just state what you are willing to settle for. Write this down so you can read it out in court without missing bits.


Cross exam Qs

You get a chance to Question your ex - prepare some targetted Qs and back up with case law and evidence. Target these Qs at the weak points in her position.


You should also by know have a copy of the court bundle that her sol is going to present.

If you havent then ring her sol and demand it.


Last but not least.....


Dont forget that the FDR is a structured form of negotiation, almost like mediation.

You cannot be forced to accept a deal on the day. But many cases are concluded on the day of the FDR or very shortly after. So be prepared to make a deal.....and decide on your walk away position - which will lead you to a final hearing.

Good Luck.

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25 Mar 08 #17645 by DownButNotOut
Reply from DownButNotOut
Oh and you have left this v late but try to get the summary to the court ASAP.

Ask the court to make sure the judge reads it before the hearing.

Of course if your sol already wrote this and submitted it before they quit then u dont need to do it again.

  • maggie
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25 Mar 08 #17651 by maggie
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Out of interest: for my FDR with legal reps on both sides, my ex and I sat in separate rooms with my legals running backwards and forwards with offers to him and his responses - so I had no idea really what debate had gone on with my ex. In your case-with you self repping - will you all sit together in the same room - ie both parties to the divorce will witness/take part in all the negotiations - not all this go-between/chinese whispers nonsense?

  • Elle
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25 Mar 08 #17655 by Elle
Reply from Elle
Gibbi,
You could ask for a continuance if your sol has walked at short nitice, will delay matters tho

Maggie,
I experienced this years ago because my abusive partner refused to be in the same room as me!! Sols accomodated his nonsense. Now however I take the view that its my life and if I can be in the same room as my x, and he still refuses....he can sit it out...no more batman flyin about the Court in his black cape re my case (these were the words of a Sheriff, not me!)

Elle

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