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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.


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Final Hearing

  • Drambui
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08 Mar 08 #16189 by Drambui
Topic started by Drambui
Hiya Everyone, i was looking for a few answers online when i came across this site, ive read lots of questions and very good answers so ive registered hoping someone can answer my question :)I have got a final hearing listed this week because my ex has applied to courts to suspend or vary his child maintenance court order from Nov 2005. He applied to the court April 2007 because he was made redundant but started up an on line business and has told court he put all of his redundancy pay into the business (only giving the name of company) have never seen any proof that his £23,000 or any part of this has gone into business he's not disclosing just the name, he sits in the court saying i have no income. form E's were completed in sept no proof on his part but he did put down he's a tenant in his new marital home that was purchased while these proceedings are going on with £87,000 cash going down on the house end of Aug 2007 so he's had money but not paid any child maintenance since end of June 07 my Consent Order was suspended for 2 months pending his proof of finances and receipts concerning new business not happened.The rest of months have not been suspended or varied and can't understand how on last 2 court appearances he gets away with it. Court has ordered all diclosure from him that's not been received, solicitor has sent letters 3 leading up to this final hearing no response my bundles with court and ex. He is working now along with his on line business still running. Just wondering if he turns up at court for the final hearing this week without all the disclosure ordered will the case still go ahead. I would just like an end to all this mess. Thank you for any answers :)

  • DownButNotOut
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11 Mar 08 #16496 by DownButNotOut
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Drambui,

If he attends the final hearing with major gaps in his disclosure - things that the court have ordered him to produce then the court could:

a) postpone and make a further disclosure order this time with a penal notice attached

or

b) push ahead and make negative inferences from his lack of disclosure. i.e. they have to take a position where the assume he is hiding stuff and have to guess at how much he has hidden.

  • Drambui
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11 Mar 08 #16509 by Drambui
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Hiya downbutnotout,
Ive just got back from the final hearing and he got away with lack of loads of disclosure just did the norm i've got no money even thought he had payslips. He won got the arrears minus some and has got 3 years to pay me outstanding arrears at £50 per month plus child maintenance reduced, but will add he's been very arrogant in court with judge and barrister and told them he can't afford to pay so ill wait and see if payment arrives when it's ordered lol. Don't think this is the end of trips to court somehow but you never know could be in for a shock fingers crossed :laugh:

  • Elizabeth
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11 Mar 08 #16534 by Elizabeth
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Drambui,

Do you know - it's so annoying this court and form E thing! I ended up at Final Hearing stage recently - I was scared still of missing out anything on my Form E - had sleepless nights in case I had not photocopied something - ex did not disclose documentation of shares he had sold! Judge said nothing! I thought it was supposed to be perjery not to disclosure anything?!

Ahh well, it's done now - just try and make sure he sticks to what he has to pay - I would avoid solicitors to do that though - they will only write expensive letters and it won't get you any further - apply straight to the court - DIY paperwork - saves a lot of money!

Court clerks can't give legal advice but they will tell you which forms you may need (hopefully it won't get to this stage) to make any further applications - won't he get a CCJ if he doesn't pay?

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12 Mar 08 #16612 by Drambui
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Hi Elizabeth,
I know what you mean the whole court thing scared me but i went unrepresented 3 times and felt i was getting no where ex wasn't disclosing an awful lot and each time ordered and each court appearance still wouldn't do, the judge managed to get him to admit an awful lot yesterday he didn't like it even though technically he got away with a lot i'm just relieved 11 months of this nightmare is finally over it came at the worst time ever for me as our middle son deployed yesterday morning so i was on edge for that more than court. Think that worry overtook the thought of final hearing. Fingers crossed it will run smoothly with cm now although he has told judge he may go to the csa in 2 months time.

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