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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

  • dominoo
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21 Apr 12 #325668 by dominoo
Topic started by dominoo
Can someone let me know what I should have prepared for the Financial Dispute Resolution hearing. e.g. should I have a summary of what information I have not received from respondents solicitor and maybe a summary of what I think is a fair resolution (and would I be able to get feedback on a proposal i.e. if fair/unfair).I am not really sure how the FDR proceeds - I have had a look on the library etc. but I thought that if no resolution on that day it went to Final Hearing and judge decided and there was no chance of any appeal??? I rang Court up and respresentative said it depends on Judge and could go on to
further hearings.
Confused a little?
I am rather concerned that the respondents solicitor will be able to gain the upperhand as they will have the experience and know how?

  • dukey
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22 Apr 12 #325692 by dukey
Reply from dukey
The FDR is an i want this and this is why i think its fair meeting, the other side do the same.

The length of time the FDR is listed for will give you a fairly good idea how complicated the judge thinks the matter is, if its 30 minutes, not complicated, if two days complicated.

Know your facts, sounds stupid to say but many don`t, pension what type of scheme is it, money purchase or final salary, how important is it, if your 35 not much if your 60 very much so, you get the idea.

If you need to buy a house take examples of what it will cost, if the judge can see it on paper its real, if you just say i need £xxxxx who knows if your right or exaggerating.

What is key is to know in your own mind what you want, and don`t get side tracked into silly issues.

The three main issues usually are.

Income

Pension

Liquid assets

It is very important not to agree anything at FDR unless your sure, if they make an offer think about it, but don`t agree it unless your sure, if you agree something in front of the judge he/she may hold you to that.

If i doubt "i need more time to think" remember it.

At some point the judge will usually give you an idea of how this all should be agreed, listen carefully to what the judge says, write it down, maybe take a friend with you to take notes.

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