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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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I need help on a question of non disclosure

  • chris1519
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12 Sep 12 #355421 by chris1519
Topic started by chris1519
My stbx attended FH. Outcome was we had to supply answers to questions. I have done mine - he has ignored and still not responded to my questions. FDR is not until Dec - what can I do at this point? Very, very frustrated as stbx has stalled for past two years - mediation fell apart for same reason. Judge ordered question responses by a specific date at FH. Exasperated. Please adavise if anyone has been in same position. I have enormous solicitors fees as a result. I have asked for Clean Break. :(

  • dukey
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12 Sep 12 #355468 by dukey
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When was he ordered to give answers by, what date?.

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12 Sep 12 #355490 by chris1519
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Hi. Thanks for responding. Dateof response should have been last week - and had had ample time to answer questions. fed up with dragging of feet and apparently no redress - not sure if I can do anything legally or if its likely to just cost more expense in the long run - or if the judge takes a dim view of this?

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23 Sep 12 #357468 by LadyGaga
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Hi Chris,
You and me both. My stbx had a court order signed on 4th September but I am not sure whether he gets 14 days from date of receipt of from the order itself. All it was asking for was full disclosure of his current resources and future pension benefits. He has been retired for 18 months so it should be fairly fresh in his mind!

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23 Sep 12 #357469 by soulruler
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I believe that if there is an order for court for disclosure based on questionaires to be done by a specific date and your spouse has breached the terms of the order that your solcitor should just be applying into court for an order for disclosure with a penal order attached with a specific date - personally I do not think it should be a particularly long date even though the FDR is not until December.

The real solution is to get resolution without too many solicitors letters or trips to court and that will not be accomplished unless he starts to co-operate.

I do not think a hearing is necessary for an order for complience so it should not be an expensive exercise for you, just an application for an order without a hearing (as there has already been one) and the solciitors costs for making the application - which should be just applying with the order and confirmation that the disclosure has not been made.

The court cost for an application without a hearing is £45, the solicitors costs should reflect that.

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02 Oct 12 #358856 by chris1519
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Hi LadyGaga Sorry I took so long just to acknowledge your reply. I so sympathise with you. It is infuriating that stbx''s can behave this way and apparently just get away with it, specifically when the courts have issued orders. Mine has taken it one step further now... my sol contacted stbx''s solicitor to chase only to be told that thier client is awaiting response on legal help scheme outcome and is therefore representing self until this is done. They suggested we write to stbx direct (no address provided) so have taken a punt at where he might be and asked solicitor to send letter direct to that address. What infurates me is this is just another delaying tactic (re; legal help) as stbx is currently working again on a minimal wage/seasonal role (it finishes in November) so stbx is just waiting until then re legal help scheme claim. In the meantime we have advised that we will be seeking costs. So I am no further forward despite all the worry and calls to and from solicitors,in addition to all this I now have no work; no income :(and so I sincerely hope your stbx responds to your questions, without playing silly games. More importantly I just applied for housing benefit and have been told I am not entitled to anything as my current partner earns too much.... actually if they pay all standard bills it leaves just £7.00 per day for the two of us for food/diesal/car tax/ins etc. I am also not entitled to JSA as I have been self employed for past 4 years. Its mental! Fast losing the will to live! I hope your situation gets resolved more quickly.

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02 Oct 12 #358858 by chris1519
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Hi Soulruler. Thanks for this information. I just wish I had come back on line before now and seen this as I have instructed my solicitor to write to him direct.... (Kerching another £ 90.00 quid down the drain.....) Had I known I could do this as you describe I would have asked for this to happen - given of course that the address I have is correct!!! I am not sure why my solicitor has not advised this as it certainly carries more weight from a need to get things done perspective, and probably would have cost me less in long term. Should she come back next time and suggest this in near future when we get no response, I will ask that she deletes latest letters from her bill to me. I feel sure she realises that this latest set of letters have been a complete waste of time given stbx history! So thanks for adviceXXXX

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