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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.


First Appointment and process - assistance needed

  • Rebecca186
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10 Apr 12 #322780 by Rebecca186
Topic started by Rebecca186
Happy Easter firstly to everyone

I have my first appointment this week and need again advice. I have read through most postings but ...
anyway..

1) what do I need to take if anything
2) What happens on the first appointment - I am acting in person and he will have a solicitor I think

information - he has not disclosed form E or any other information as directed by the court and his solicitor is requesting a delay i have written back saying not necessary

thank you

  • soulruler
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10 Apr 12 #322790 by soulruler
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When you get to the first appointment you are suposed at the very least to have exchanged your financial E and made a list of the questions that you want answered following having looked at the financial E disclosure.

It seems totally bonkers to me that if your husband is legally represented that he has not exchanged Financial E. Sorry to sound doubtful but it might be that he springs the documents on you outside court on the day so that you do not have chance to go through and make a list of questions you would like answered.

1. have you sent your financial E to him?


You should take with you your files including your financial E and at this point if the case is very straightforward you could take with you an open proposal for financial settlement (may well not get you anywhere but you could try) that you would be prepared to accept to avoid further trips to court and further legal costs to your husband.

Make sure you ask again for his financial E in writing and take this to the hearing and point out to the judge ONCE that you have not managed to get him to produce documents and take a note of when you produced documents (you should also make sure that the documents regarding Financial E have been sent into court so that the judge has them to go through).

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10 Apr 12 #322809 by Rebecca186
Reply from Rebecca186
thank you for your response

complicated as i believe ex (we are already divorced) is deliberately avoiding due to him wanting not to disclose statments for the beginning of the last year as CSA are investigating him there too)
I have written to the court and requested direction re non disclosure and have copies of his lawyers requesting when are they going to disclosure. The latest letter received last week asked for a postponement and have just written saying no - their request was due to pension statements not being available on time - my response was to refer them to to Form e whereby it states that a copy of the letters to the pension providers can be added....to be honest I dont want his pensions as he hasnt paid anything into them for years and mine is worth more and I want my children to have them and them to have his too.
I have submitted the additional paperwork ie chronology etc to court too..he i believe hasnt although not sure .Again in my letter to his soliitors I have requested that these be exchanged mutually....or do I send them to them anyway...I certainly havent given them my form E
We did exchange Form E two years ago however he made himself unemployed after threatening me he would so same if I sought ancillary and also make kids homeless - he has done all this...so form E was put on hold as was ancillary due to non earnings....He is self employed and although no lump sum can be gained I would like to achieve some sort of standard of living after 26 years

I still have the original Form E - can this and historic behaviour be bought into court or is it really only a years worth??

thank you

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11 Apr 12 #323010 by soulruler
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I have been thinking about what is happening and you are in a difficult situation (you know that).

I think it unwize not to exchange your financial E as otherwize with no financial information in court the judge is going to have to adjourn as they are going to have nothing to go on.

Avoid tit for tat. I think that you are going to have to either agree to an adjournmnet which seems totally pointless or you need to send your finanical E to the otherside and point out that you need his disclosures as does the court in order to make a financial settlement and be able to get divorced.

I think I would also point out that employing solicitors and then not complying with proceedure (and BOTH of you need to comply with proceedure) is wracking up costs and time unnecessarily.

It will not go down well for either of you if you turn up and basically waste everyone''s time.

You could also ask for a penal notice to be attached to an order as your husband is refusing to supply financial information.

The reality that he has gone self employed may or may not be something that you can state as one of your issues. In general courts do not like one party giving up work just at the point of separation/divorce just to try and make things worse for the whole family.

In your situation as long as the Financial E information that you have was supplied during the court process (rather than in collaborative negotiations) I think it is to some degree relevent and would therefore put it in a section (at the back) of the court bundle you prepare for the FA.

If all you want out of this is the house you could put this in an offer and if you think fit agree to indemnify your husband. This might knock the whole thing on the head. You might be able to get a Consent Order.

However, it is very dangerous for you NOT to suppy financial e and submit this to court. Courts want the disclosure and they also want litigants to attend in person whether they turn up with a legal team or not.

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19 Apr 12 #324980 by Rebecca186
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i apologise for my delay in response having only just seen this

I can advise FA went ahead - Form e by ex was submitted day before and I managed to create a questionaire based on 19 points and leave given by court to ask further questions nextweek.....he did not supply relevant information
judge also threw one of his questions out he gave 6 all of which are pathetic and easy to deal with)....
court also agreed that ex needs to supply year accounts for 2 as previously rebranded - that was extremely positive
marital home was sadly repossessed and which I believe was done on purpose as when I threatened ancillary he made himself unemployed and then stopped paying mortgage....
thank you for your help

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