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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.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


Court this week - What do I do??

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18 Mar 12 #318816 by fairylandtime
Topic started by fairylandtime
Help Wikis - can someone tells me what happens?

I am due in court this wk for X breaking the Consent Order due to CM payments.

I have kept up to my part, taking over the Morg, but it hasnt happened yet - is with the Morg Co & their sols, so waiting to hear back - but have been told it is all going through - this is also on the CO.

What happens in court, It is only 15 mins but I am in on my own (with X - 1st time in yrs) & am a bit (well a lot) worried about it!!!

Must admit, only read the letter by chance & didnt realise date was this wk, I think I have been hiding behind my work & keeping busy / head in sand for far too long!! :(Hence in more of a panic.

Any advice, what do I say, do ??? (Not cry!!)

JJ

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18 Mar 12 #318822 by dukey
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It''s more the case of the judge asking your ex why the payments are not being made, you will have little talking to do, take a copy of the order with you, if you are asked why you are there the answer is simple, you would like the terms of the order enforcing ie the maintenance.

The rest is down to the judge, let us know how you get on please.

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18 Mar 12 #318829 by fairylandtime
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Thanks Dukey & I will

Question if my is has to fill in the N56 if I am self-repping then do I get a copy of this?

Think x will be saying kids stay with him longer than they do, & he has no money etc etc but on the slip side can afford hols (that we cannot) etc.

At the moment I feel like the kids & I will come off worse off after all & it will be a serves her right scenario - as that just seems the way at the moment! But then am a bit down

Thanks JJx

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18 Mar 12 #318837 by dukey
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This is about enforcing an order it''s not a variation hearing, he must pay as per the order or until the order is varied by court, don''t worry about the N56 yet that''s for the judge to decide if it''s required, it''s only used for attachment of earnings.

I know this is hard and there are times when you feel the cards are stacked against you, it is a long and bumpy road but for most it comes good in the end, just keep the faith and let the judge do the work for you.

Stay calm and if he lies don''t be afraid to correct him, but calmly.

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18 Mar 12 #318840 by fairylandtime
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Thanks Dukey

JJ

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22 Mar 12 #319447 by fairylandtime
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Hi Wikis

Well went to court today, quicker & easier than I thought & all appears to have gone well.

judge said why non payment X said why Judge went through enforcement & an agreed payment plan was made - basically pay or bring it back to court & he will ensure it is enforced.

Why this could not have been done between the 2 of us via my letters as per my offers without all this God only knows! But Judge was really nice & very matter of fact, no love lost on either side really which was good (mind you X had a hell of a tan - so that may not have helped his ... Case LOL) & so all seems well. We shall see.

It''s a sorry state of affairs really that it has got to this & must admit have spent the night in bed with a blazing migraine from the stress of it, but I suppose X now realises that I won''t just be walked over so it should be sorted.

Thanks for all your help, especially you Dukey
JJx

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22 Mar 12 #319455 by dukey
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Thank you for letting us know how it went JJ,maybe this will be the end of the silly stuff now, fingers crossed.

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