A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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 sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


First Appointment Queries

  • k2k2
  • k2k2's Avatar Posted by
  • Premium Member
  • Premium Member
More
20 Apr 12 #325304 by k2k2
Topic started by k2k2
Hi

I have spent a whole year conducting voluntary disclosure with my stbx including exchange of form E and supporting documentation. I have answered all their queries but they have not answered mine. My stbx''s sol'' has informed me that they are preparing a settlement proposal which is imminent.

Today I received a notice of first appointment, a copy of their application for a financial order and a copy of Form G. This must have been applied for by my stbx''s sol as I am self repping and have not done this.

Presumably I will still have to attend court for the first appointment regardless of any other voluntary actions such as their proposals but can I just give the court the form E and documents I have already passed on to my stbx and her sol or do I have to start all over again?

The court order sates that I use a form E whereas eveerything my stbx and I have done so far has been on an E1, which should I present to the court?

Can anyone suggest why I received this first appointment and FO application when things were being done voluntarily?

Thanks in advance.

  • MrsMathsisfun
  • MrsMathsisfun's Avatar
  • Platinum Member
  • Platinum Member
More
27 Apr 12 #326858 by MrsMathsisfun
Reply from MrsMathsisfun
bump

  • k2k2
  • k2k2's Avatar Posted by
  • Premium Member
  • Premium Member
More
30 Apr 12 #327439 by k2k2
Reply from k2k2
Well, thanks MathisFun although I''m not sure what that means?!

Please could someone advise me on what would happen if I am unable to meet any of the dates listed on the Notice of First Appointment? I will be overseas on business for the duration?

I have attempted to email my wife''s solicitor but the messages come back undeliverable.

I have spoken to a court representative who was quite unhelpful and basically told me to contact my wife''s solicitor as it''s nothing to do with them once the application has been made.

Thanks.

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
30 Apr 12 #327486 by Fiona
Reply from Fiona
Mathisfun was just "bumping" up your thread so others see it.

A court application shouldn''t be viewed as hostile. Perhaps your wife has applied to court because she feels negotiations haven''t moved matters forward. Disclosure was voluntary and now form E is required to be exchanged by the courts so the disclosure needs updating. YOu then have the opportunity to ask each other questions about Form E.

You are required to attend court in person to represent your interests unless the court agrees for the hearing to be adjourned or a solicitor represents you or for remote communication at the hearing. Without agreement from the court the hearing can go ahead in your absence and there will be no one to get your side of the story across.

  • k2k2
  • k2k2's Avatar Posted by
  • Premium Member
  • Premium Member
More
01 May 12 #327592 by k2k2
Reply from k2k2
Thanks Fiona.

My stbx''s solicitor''s correspondance all state that they hope to resolve things with a settlement proposal which is in discussion at the moment. Trouble is they take so long to get back to me. I respond right away so don''t see what the problem is to get this agreed and a Consent Order drawn up especially with a court date looming. We have two days left to agree before I go away and I just can''t see it happening.

Do you think I would get away with submitting to court, my form E and associated paperwork that I have exchanged last August with my stbx''s solicitor?

Due to the nature of my work I will not have time, opportunity or communications to collate fresh data for the dates noted by the court. Same goes for the questionnaire, issues, Form G etc and probably the actual hearing. I feel at a huge disadvantage over this. Would writing to the judge to explain go any way to helping me?

I am reluctant to use a solicitor due to the expense and have done everything myself so far.

Thanks for your help.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11