A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info


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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Will judge allow FH to go ahead?

  • upbeat
  • upbeat's Avatar Posted by
  • Premium Member
  • Premium Member
More
07 Sep 12 #354413 by upbeat
Topic started by upbeat
Hi would like to ask your opinions :huh:
If one side has not given any disclosure will the judge allow for a FH to go ahead and will they make a decision based on the facts presented from one side? Or will they adjourn?
I think Last judge at adjourned FA ordered for it to go straight to FH without disclosure from other side (this is what he said but am awaiting the oreder to confirm).
If judge orders what I have asked for I would be happy for a judgement to be made without disclosure from other party.
I know it is hard to predict what any perticular judge will do but any feed back would be appreciated.

Thanks wiki''s x

  • .Charles
  • .Charles's Avatar
  • Platinum Member
  • Platinum Member
More
07 Sep 12 #354417 by .Charles
Reply from .Charles
It is possible for a judge to make an order if the other side fails to comply with Directions but judge''s do not like to make orders that can easily be appealed in which case an adjournment is likely.

It may be the case that your financial assets are straightforward and of low value. If this is the case, an order made without input from your spouse would not easily be appealed in which case you may get what you are seeking.

Charles

  • upbeat
  • upbeat's Avatar Posted by
  • Premium Member
  • Premium Member
More
07 Sep 12 #354421 by upbeat
Reply from upbeat
Thanks Charles,
It is a quite straightforward I think that is why the last two judges have said it would go ahead with or without him.
Lets hope so just want this all done with.
Waiting for Directions on trial bundle :? but judge just told me to do my best. Not sure what needs to go in it though?

  • .Charles
  • .Charles's Avatar
  • Platinum Member
  • Platinum Member
More
07 Sep 12 #354442 by .Charles
Reply from .Charles
The trial bundle is for both parties'' documents to go into. If you only have your own documents, those are the documents that go in - such that you wish to rely upon them.

On the grounds that you appear to be seeking an order without input from your spouse you will effectively say to the court:

"these are the matrimonial assets, these are the assets I hold and these are the assets my spouse holds/held; my income is £a and I assume my spouse''s income is £b; I need £x and Y assets from the settlement and my spouse needs £z or nothing.

Here are my papers proving my current position and the order I would like is [order].

Thanks very much judge, see you in the pub for a cheeky pint after the hearing?"

Charles

  • upbeat
  • upbeat's Avatar Posted by
  • Premium Member
  • Premium Member
More
07 Sep 12 #354455 by upbeat
Reply from upbeat
Cheer Charles,
Did a sort of statement of issues and skeleton argurment for the last appointment as wasnt sure wether it was going to be classed as a final but ex turned up with nothing so... I will just regig and add what I do know and reasons why :)
Thanks muchly xx

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11