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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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submitting a revised statement of issues

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21 Sep 12 #357173 by buzyizzy
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I have been badgering stbx sols for an up to date CETV of his police pension which he left in 2007, and also I have not had any evidence of whether he has a pension from his present job. I would also like to request child maintenance for when my children come home for hols from uni. Can I send a revised statement of issues, adding these points?

FDR on 26th, so would appreciate an answer please. Then I can post one off to court for Monday morning.

Thanks

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21 Sep 12 #357179 by soulruler
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I would say yes and when you go to court put letters in the bundles to his solicitor requesting the information.

Make sure you send the revised statememt of issues to his solicitor (no doubt you already know that) with confirmation that you reserve the right to put it before the judge.

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21 Sep 12 #357252 by buzyizzy
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Thank you. His solicitor has received all my letters, what do you mean by putting the letters in the bundles to his solicitor requesting the information.

Sorry, I''m having a real "blonde" day!:blush:

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22 Sep 12 #357285 by soulruler
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When you go to court having revised the statement of issues make sure the judge has a copy of your statement and a copy of the letters that you have written to his solicitor that show you have been attempting to get reasonable negotiations - so back your statement up in other words - courts call the documents submitted bundles - bundles of documents.

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23 Sep 12 #357478 by buzyizzy
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Is this suitable:

1 There should be a pension sharing order of 50% in favour of the Petitioner with respect to the Respondent’s pensions.


2 The Respondent has not provided an up to date CETV of his police pension.

3 The Respondent has not provided satisfactory written confirmation as to whether he is now contributing to the NHS Pension Scheme.

4 Regarding the North East Scotland Pension Fund, satisfactory written confirmation is required as to whether the Respondent is entitled to benefits and whether he has already taken a cash sum, which will naturally reduce the CETV.

5 As the Respondent is living in a joint income household, there should be periodical payments payable to the Petitioner by the Respondent. This is especially required in respect of visits home from Alexandra Pithie and Ian Pithie during their university holidays.

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23 Sep 12 #357529 by soulruler
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without being sure regarding all your details it looks fine in terms of an updated schedule.

As it is an FDR you need to make sure you have an offer which you believe reasonable, so that a judge can take a view regarding the pension information which is still missing.

Presumably you have supplied all the information and will be able to make sure your details are fully in court.

Hopefully the judge will be able to make a decision which seems fair based on all the details and then make an order that his details are supplied, maybe if he has failed to supply them despite a previous order from the first hearing then an order requiring him to supply with a penal notice attached.

I hope you can get this settled without the need for a final hearing.

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24 Sep 12 #357562 by buzyizzy
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It is going to be difficult to submit an offer without knowing if he has already taken a cash sum from the pension. I really don''t see what I can put on the table with so little facts known.

I''m tearing my hair out here. All my financial information was sent to them in March!
I really don''t know how I can word an offer.

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