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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.


Will the Court write to me..?

  • MerlintheHammerMX5
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08 Jun 12 #335767 by MerlintheHammerMX5
Topic started by MerlintheHammerMX5
I have FA next week - listed as FDR but will be FDA as still some non disclosure on both sides etc (actually, I''ve just had to sack my solicitor so I have the pleasure of self repping for my sins). New solicitor next week, but not soon enough for the FA sadly.

It''s at County Court - does this mean that ''members of public'' can attend (i.e. my SO) or not? Or is it normally a ''closed shop''? She''s not wanting to assist me, just to be in court as a spectator.

Will the Court write to me to confirm next actions, or am I going to be expected to make notes and / or remember the reqs?

thanks all

MTH

  • margarita2309
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08 Jun 12 #335784 by margarita2309
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Normally court will write to you with the judges Directions. Have you advised the court you are now acting in person?
You are able to have a mackenzie friend with you, look it up on net...good luck:)

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09 Jun 12 #335859 by MerlintheHammerMX5
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Yep, all docs hand delivered to court by me, including Change of Solicitor form and a few lines in a letter to Court Manager explaining situation and that I am self repping until such time etc.

It''s listed as an FDR but both parties have some non disclosure (only item I have outstanding is a CEB for a pension in payment that will cost me almost £1000 to obtain - money I don''t have!). Given my sudden ''self rep situation'' I will have to stall all attempts to conclude at the FDR/FDA until I can get sat down with new solicitor in a week or so...

NB: I am not retired, the pension was drawn down in 2007 when I was still happily married, as I was made redundant and we needed the lump sum to replace cars etc (amazingly, my stbx is now suggesting that I ''stole'' the money and demanding to know what I did with it - even though it went into a joint a/c and was spent over 18 months under full view of us both!).

I am puzzled as to why her sol has gone straight for FDR when they have not even fully disclosed themselves? We are yet to get even one offer on the table and it feels like the solicitor has her own agenda and has forgotten about us!!!

  • veryfrustrated
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10 Jun 12 #335979 by veryfrustrated
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BUMP

I also would be interested to know if others not directly involved in the procedure can attend. Does anyone know the answer to this?

Many thanks

  • Fiona
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10 Jun 12 #335994 by Fiona
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It is possible for a litigant to take someone into the waiting areas of the court but family proceedings are private and no one apart from judges, the parties and their legal representatives attend the hearing.

When it''s in the interests of justice and fairness a litigant in person may have a a lay person (McKenzie Friend) to accompany them to provide moral support, take notes, help with papers and quietly give advice on the conduct of the case. Judge''s usually refuse someone who is close the LIP (family or a new partner) as they may have a financial interest in the case or it doesn''t serve the interests of justice because the third party is closely involved with the dispute.

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11 Jun 12 #336038 by MerlintheHammerMX5
Reply from MerlintheHammerMX5
Thanks Fiona, that is really what I was asking!

I suffer with tinnitus and I was hoping to have my new partner with me, purely as a ''second pair of ears'' tbh.

If all else fails, I will have to just make the judge aware of this disability and take my chances.

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11 Jun 12 #336045 by Fiona
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You could ask any acquaintance who is organized, articulate and has common sense. Someone not too close can be very useful because they may see the bigger picture.

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