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

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
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 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.


questionnaire what do i do next?

  • chrissiemay67
  • chrissiemay67's Avatar Posted by
  • Junior Member
  • Junior Member
More
16 May 12 #330827 by chrissiemay67
Topic started by chrissiemay67
received my ex''s questionnaire and i have typed out my answers to what questions he asked but what do i do with it now? first appointment in 2 weeks, do i send my answers to court and his sol now or just go to first court appointment with my answers? bit confused

  • TBagpuss
  • TBagpuss's Avatar
  • Platinum Member
  • Platinum Member
More
16 May 12 #330846 by TBagpuss
Reply from TBagpuss
Strictly speaking, you don''t have to send them to him, as technically you don''t have to answer the questions unless/until the Judge decides whether they aare reasoable and orders you to do so.

That said, on a practical level, it can oftenbe much more productive if you do provide the replies in advance, at least to your ex, as it increases the chance that you will be able to use the first appointment as an FDR and make some progress.

Did you raise questions with your ex? Ifso, you can contact his solicitors and ask whether they are willing to agree to exchange repies on a voluntay basis now, with a view to you both providing your replies, to allow you to move forward.

  • soulruler
  • soulruler's Avatar
  • Platinum Member
  • Platinum Member
More
16 May 12 #330849 by soulruler
Reply from soulruler
When I had my first appointment me and husband had exchanged financial e and both written questions which we wanted answering.

As TGB has mentioned you don''t have to answer them before the FA as the judge will state which ones need answering and if your husband is legally represented then his legal team will argue that all his questions need answering.

If you see no reason not to answer his questions then personally I would do it - as long as they are relevent and not just fishing or harrassing questions.

If you haven''t resolved the questions by the time you get to a FA then it is only going to hold up progress at which point you are into an FDR and additional costs.

It depends how much money is involved to a certain extent but really I do not think that most people have that much to fight over to make endless rounds to court and endless disclosure necessary.

One of the things that my husband wanted was photocopies of 10 years of my bookings diary. I did think how ridiculous at the time but the judge ruled that I was to supply. Don''t really know what he hoped to acheive from that as it was a huge section in the bundles that followed and completely backed up my self employment history - so again really if you have nothing to hide why not supply and send your answers into court for the judge.

If he refuses to answer your questions and help both you and the courts (and hopefully himself) then that is up to him.

  • chrissiemay67
  • chrissiemay67's Avatar Posted by
  • Junior Member
  • Junior Member
More
16 May 12 #330855 by chrissiemay67
Reply from chrissiemay67
Thank you both for your reply''s to be honest i can''t see why my financial situation is of any relevance as it is my ex husband that is applying to court to vary the maintenance order to nil so why the in''s and out''s of my finances matter i don''t know, the Consent Order has been in place since 2008 and his wages have increased by £11,000 since consent order was put in place, think i will just hold back and see what the judge say''s

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
16 May 12 #330879 by Fiona
Reply from Fiona
When considering a variation the court looks at the financial position of both parties to assess the current needs of one party and the ability to pay of the other. Obviously if the recipient has had an increase in income or started cohabiting so their living expenses are shared their need will be reduced. On the other hand if they are no longer receiving CB, CM or tax credits the need might be increased. That is balanced against any increase or decrease in the payer''s income, whether they have started cohabiting and any other factor that might affect the ability to pay.

Be very careful. Even when someone is a LIP it is possible for them to be ordered to pay the other sides costs if it is found their behaviour during proceedings has caused delay resulting in unnecessary hearings and/or costs to the other party.

  • chrissiemay67
  • chrissiemay67's Avatar Posted by
  • Junior Member
  • Junior Member
More
16 May 12 #330888 by chrissiemay67
Reply from chrissiemay67
oh right thank you for the advice

  • soulruler
  • soulruler's Avatar
  • Platinum Member
  • Platinum Member
More
16 May 12 #330924 by soulruler
Reply from soulruler
Yes honesty pays - or at least it should - we all need to realise that it is necesary to accept that we all as a society need to accept that we are going to have to get by on less. Punishment is relative.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11