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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.


Should I cancel the barrister?

  • confused 101
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10 Oct 12 #360250 by confused 101
Topic started by confused 101
Hi - 2nd hearing in ancillery relief is coming up. I self repped for the first but was advised by the judge to get represented for the second - so my solicitor has found me a barrister.

However, I have still not received full disclosure required by form E nor full replies to my original questionnaire let alone answers to questions posed following receiving some of the sketchy replies.

Is there therefore any point in me paying for a barrister? should I simply turn up and say I have not had answers so can''t progress any discussion of settlement in any meaningful way?

this is not what I want to happen - I want this all over. But nor do I want to waste money on a barrister when what I need is probably a court order to obtain information he is not willingly going to ever provide.

Thoughts?

  • maisymoos
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10 Oct 12 #360252 by maisymoos
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A really hard one to answer. A Judge has advised you and I think you should probably follow his guidance.

My ex never properly answered all questions, and got away with it and I had a good Barrister. A Barrister will know what to focus on and concentrate on the important stuff. If it goes to FH it will be better that your barrister representated at FDR too.

Its hard though as you also need to consider costs. All I know is that going to FH (represented in my case) was worth it and due to outcome financially paid off, but that all depends on financial circumstances in the first place and costs can get scary.

  • dukey
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10 Oct 12 #360255 by dukey
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It''s a question of what you can afford, the FDR is not a trial so nothing can happen without agreement, if money is short and you think this will go all the way save the barrister for FH.

There is a chance that the FDR could be adjourned if directed disclosure is not made.

  • confused 101
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10 Oct 12 #360298 by confused 101
Reply from confused 101
Thanks for the replies.

It is as you say a hard call.

Money is short, as always, The issue is I either keep my and the kids home or loose it to pay out equity to an X who hasn''t paid a penny towards his children for a few years, but still thinks he is "due".

Maybe I would be wise to attempt to discuss this with the Barrister before the date. An hour of his time may be a good investment at this time.

Thanks for your thoughts.

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