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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.

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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.


Exchange of Form E

  • ShiningTor
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27 Jun 12 #339526 by ShiningTor
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Hi all
I have just filed my form E at court (I am a litigant in person) and have written to STBX''s sol to ask them to agree a date when we should exchange our documents. They have replied saying they are not instructed to accept service and that I should contact STBX direct.
Thing is, I don''t trust her to send the form to me on the day she says she will. I have rung the Court and they have said they can tell me if the form E has been filed at Court. Should I wait until she has filed and then write and offer a date of posting, or is there a better way forward? I don''t want to be a muppet and send her all my info and end up with nothing from her.
Any advice please?
Thanks

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27 Jun 12 #339613 by cookie2
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Is this voluntary disclosure or being done as part of Ancillary Relief proceedings?

I am a bit confused because you first mention filing it with court, but then you say you''re trying to agree a date. If it''s done through court then the court sets the date.

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28 Jun 12 #339629 by ShiningTor
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Hi Cookie

It''s part of Ancillary Relief proceedings. The court has set 6 July as the deadline for filing, but I am concerned about the exchange of our form E. I think I ought to wait until the court has confirmed that she has filed hers before I contact her to propose a date for us to post our copies to each other. Even then, I don''t know how I can trust her to actually send hers on the date we agree.

Cheers and thanks for replying.

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28 Jun 12 #339648 by cookie2
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You don''t need to propose a date to exchange form E''s. The court has set July 6th. So it will be July 6th.

It doesn''t really matter if she doesn''t post it on the exact date. It will come. That is the whole point of going through court.

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28 Jun 12 #339664 by ShiningTor
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But I don''t want her to see a copy of mine before she files hers. I suspect she will try to amend what she''s written in response to mine and then file late. That''s why I want to be sure she has filed before I post mine to her. Does that make sense?

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28 Jun 12 #339669 by dukey
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It does make sense but in fact makes little difference.

The date set by court should be adhered too its not a suggestion its a fixed date.

In reality who gets the form first doesn''t really matter ad the detail given is tested in court, the fact is people tell lies, which is why the form is backed by statements ect, other stuff can be questioned, stated income and capital needs for example.

Its best to do what you are asked and leave the other side to the judge.

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