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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.

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A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Evidence previously not disclosed or requrested

  • denpat
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31 Jan 21 #515575 by denpat
Topic started by denpat
Hello,
I am in a financial relief.
We are coming to the FDR stage in a few months
During the form E and initial process of exchanging documents, I had submitted many of the documents that were requested.

I have lots evidence to support my case further, that was not requested earlier. These are some of my documents and other sides (I used to do the filing and so had copies of them)

1. How do I go about using these documents/evidence, as I understand, I require permission from court?

I had a solicitor before but had let go as not working on my interest (long story). he had sumitted witness statement of someone and they said the court has not given permission

2. Can I skip these documents at the FDR stage, as I don't think there might be a settlement and intend to use these for the final - obviously submitted before trial

3. I had read somewhere the court might order other evidence/ documents not previously not sumitted to be disclosed by a given time, if its written in the order?

4. If not written in the order (the current order for the FDR states to provide a draft order - what's this draft order meant to say, presume to be agreed by the parties)

Thank you in advance

  • WYSPECIAL
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01 Feb 21 #515578 by WYSPECIAL
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If you knew about something earlier why didn't you request the information at the appropriate time?

There is no point with holding information that may prolong the process then producing it as a trump card at the last minute. The aim is to settle things as quickly as possible with full disclosure.

  • hadenoughnow
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01 Feb 21 #515580 by hadenoughnow
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There is a time to ask questions/supplementary questions between FDA and FDR.

You may need leave of the court to raise additional questions. This would be part of the directions.

The purpose of the process is settlement on the basis of full and frank disclosure. That is what FDR is for.

If you have material evidence on your side it should be provided to the other side as soon as practical. If you have copies of documents that are not yours, you can ask for them to be produced by the other side initially. If they are unable to do so you could provide copies if they have been honestly obtained.

Hadenoughnow

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01 Feb 21 #515592 by denpat
Reply from denpat
Thank you for the replies

I had provided some evidence to my solicitor at the time, as my the solicitor had requsted info from me but he did not pass it on. When I had a disagreement with the solicitor, he had these evidence in the ring binder as pleadings - to be used for the final, I presume, to be submitted after fdr order and before bundle creation, I presume?

I do not need to ask additional questions now. I did ask additional questions but the judge said due to amounts of the docs, its suitable for cross examination, as the bundle will be huge, so they did not answer the questions.

I do not want to drag this on unnecessarily, as the initial fdr is already cancelled, as some reports had not be done.

I had provided witness statement of third party but they said the court had not provided permission.
This documents/evidence were not requested nor part of the questionanaire. Its to prove the allegations and wrong statements about me. So if I do the same here, I do not want them saying the court has not prodived persmission and so might have to apply to court to provide these evidence?

As mentioned before, my desk was used as a dumping ground for all post, so no dodgy play on that part

I have read some judgements where the court is not impressed with producing these documents before trial as trump card. i want to avoid this.

Thanks

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