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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.


Updates to the S25 Statement and other docs ahead of a second Final Hearing

  • Firstandlasttimer
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06 May 22 #519273 by Firstandlasttimer
Topic started by Firstandlasttimer
My partner is a LIP and had his Final Hearing in November 2021. As such, he did his S25, concise narrative statement and open offer ahead of this, expecting to complete the process. However due to the unexpected death of his mother between FDR and FH and the insistence of his STBX that the potential inheritance was 10x more than it actually was, he got to the final hearing only for the judge to say he didn't feel able to rule on the case given the huge disparity between his and her versions of the expected inheritance. This was further complicated by the delay in the probate valuation (covid of course) which would have supported my partner's assertion. However, it wasn't to be and after getting over the disappointment of having to wait another 6 months - not to mention the additional costs of a direct access barrister for a second time - he has a mention hearing next week, and then FH on 26th May.
STBX is represented and the applicant so they're preparing the bundle but so far they have been using the same sS25, mortgage raiding capacity and property particulars as they prepared in October despite changes to the house price, STBX job, and detail in the S25. Whilst they may choose to rely on out of date evidence is there a process for him to update his S25 statement and resubmit ahead of the FH in May? Also, is they are using outdated information, can this be highlighted should they rely on it in the FH to ask for more money? My main issue here is that the process has been going for almost 2 years and the value of the hose has changed by £50k according to the original valuers and we believe this should be considered rather than sticking to the original valuation done in July 2020.

  • hadenoughnow
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09 May 22 #519274 by hadenoughnow
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There is a duty to update disclosure. Perhaps this could be raised at the mention hearing?

I would imagine this is a case where a supplementary s25 may be appropriate. Was there any reference to updating disclosure in the adjournment order?

Hadenoughnow

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09 May 22 #519276 by Firstandlasttimer
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The court order from the failed FH did say updating disclosure was required ahead of the next FH but S25 statements weren't listed, only the financial information, bank accounts, credit cards, etc.

I will get him to include it in his hearing note which needs to go in ahead of tomorrow's hearing. Thank you

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