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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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when do i have to release my finacial disclosuer

  • cyril roberts
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21 Sep 07 #3746 by cyril roberts
Topic started by cyril roberts
could some one tell me when do i have to releas myfinaciel disclosur during thr divorce proceeging or after my x2b is preesing me for this any help would be greatfull.

  • gone1
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21 Sep 07 #3747 by gone1
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Hi Cyril. FD is normaly part of Ancilory Relief proceedings. If you are divorcing and you have fincial matters to settle you ask the court to deal with them. You fill out a form that is called form A and pay £210 to HMCS. The court will then deal with this.

As part of these proceedings you are given a timetable when you must swap financial disclosure. This is form E. At the top of the site there are links to various forms. If you want to look at the process its here. Chris.

  • LittleMrMike
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21 Sep 07 #3750 by LittleMrMike
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A few additions to what Chris has said. form E is normally filed and exchanged no later than 35 days before the first appointment.

You will note, sir, that I have used the word exchanged. The idea is that you both let each other have your form E's at the same time, otherwise the one who gets it first has an advantage.

I recommend that you download form E and have a close look at it. It will give you an idea of the sort of information the Court will want. Try and get this information together as quickly as you can. There are strict timetables to the ancillary relief process and penalties for not complying with them. For a number of reasons, it is very desirable to get your completed form filed on time.

Mike 100468

  • Louise11
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21 Sep 07 #3751 by Louise11
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Hi Mike

I just wanted to say to your comment " there are strict timetables to AR process and penalties for not complying with them. It seems no one cares really, no one seems to stick to timetables and no one seems to get any penalty for non compliance. I understand the costs implications, but does a applicant in AR really care they may be issued with costs? In our case as you know, my partners ex wife started this some 3 years ago. In that time she has had to fill in THREE form Es, 2 on Judges orders with Penal notices attached, has she paid any penalty? not from where im sitting, mind you I suppose you could say shes paid dearly with the 30k bill shes been charged. I never actually thought about it that way before! Hey ho a lightbulb has just come on in my head! But seriously she has never been punished by the courts for her failings? Its like Wil C says whats the point in a rules based divorce law, when there are no penalties for non compliance.

Also Cyril, sorry i seem to have got waylaid in answering your post, if you look on Wikis new divorce guide it will tell you step by step what to do and where to get forms from.

Kind ones
Louise

  • Vail
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21 Sep 07 #3753 by Vail
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Yes, the dates are all laid out but the penalties are theoretical. My xtb had my form E before the first appointment, didn't do hers despite a court order and we're heading toward the FDR with still no Form E in sight. My experience is "no penalties for the PWC".

  • Mrs.Bobbitt
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21 Sep 07 #3755 by Mrs.Bobbitt
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Hi Vail,Louise others,

Didnt the judge say anything about it all when you were before him/her?

Dont they "tell off" the other party for not doing what they should?

What is the penal notice? Is it a fine?

Also, does anyone know what happens if you dont pay a solicitors bill? Someone told me they cannot pursue you through the courts for non payment :dry:

Thanks

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21 Sep 07 #3757 by Vail
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Hi Mrs.B.

A snippet (lol!) of info for you.

The lady judge at my xtb's non-attendance at th First Appointment said, "What do you expect, she has 4 children to look after". Well, strangely enough I did expect her to turn up, especially as she had had 4 months notice. No one got told off, court directions were given for a FDR, my xtb to file her form E at court within 3 weeks time (she didn't) and that's about it.... oh and it cost me a wheeelbarrow full of money.

I don't know about non-payment of bills. I try to pay my bills, sometimes late but eventually manage.

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