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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.


Hello!

  • Emily M
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20 Mar 12 #319181 by Emily M
Topic started by Emily M
I have just joined after finding you in my internet search for a "Form G":S. I am helping a friend who has to represent herself after trying twice before through solictors and running out of money/patience with totally non-cooperative respondent. She now has her Nisi but just starting Ancillary Relief. Hope to find some friendly support out there!

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20 Mar 12 #319185 by dukey
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Hello

The wiki library has all the forms you need plus a host of other helpful stuff.

Form G.


www.wikivorce.com/divorce/Forms/Ancillar...rst-appointment.html

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20 Mar 12 #319190 by Emily M
Reply from Emily M
Thank you, Dukey, but I get a broken link when I try to download the form. I got a friend to e-mail me hers so I know now what it looks like. At the last hearing, my friend was required to lodge this along with Chronology, Issues, Questions and Form G but there is a twist. Respondent is totally uncooperative. He has now been issued a penal notice for (a) not filing his "E" and (b) not even bothering to turn up!
If he continues like this and fails to serve "E" by latest deadline (26th March) what do we do? :unsure:

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20 Mar 12 #319199 by dukey
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Your friend doesn''t need to do anything Emily, it''s him against the court, if he refuses to do as ordered he is in contempt of court, he could even be sent to prison.

It really depends how the judge decides to deal with it, what may happen is the judge will in the end give judgment, which they can do if needed, that said once most read the back of the penal notice not that many risk prison, if he does good look to him, he''ll need it and then some.

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20 Mar 12 #319208 by Emily M
Reply from Emily M
Big Thank You! Does the court need a prod after 26th if he still has not filed his E? I have been looking at "Applications for Committal" and wondering whether we would need to lodge one. If we simply write to the court in confirmation that he hasn''t complied by 26th, can we ask the court to take action then? It''s another long wait (July) to the next hearing and if we do nothing I suspect the court will do nothing too.

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20 Mar 12 #319220 by dukey
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It''s best to just confirm with court no form was received, your not lawyers so don''t try and be one, applications for comital are not for the faint hearted, you may not even be looking at the right application, family law is not the same as civil law.

If the judge feels comital is the right way to go a judgment summons will be issued by court, if this is ignored a warrant for arrest is issued and the guy is collected by the police and taken to court to await a judge.


This is all pretty rare though, only extreme cases with prison.

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20 Mar 12 #319248 by Emily M
Reply from Emily M
Thank you again, Dukey. We are desperate to get him to respond as she is in real financial trouble. It has been so frustrating for her having to wait between hearings. It is now over a year since her "A" was lodged and there have been two hearings. At the first one last October he turned up with nothing, promising the Judge that he had every intention of maintaining his "wife" and daughter (reality check - she already had her Nisi?) and didn''t even get a slap on the wrist. At this latest one the Judge was very sympathetic and wondered why a penal notice wasn''t issued earlier, but said that he could not do more. I am working on her forms now and might need help again, but thank you so much for clarifying.

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