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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.


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.


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  • hadenoughnow
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05 Dec 20 #514986 by hadenoughnow
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You may need to file the schedule of deficiencies at the ba court and ask for the hearing to be a directions hearing. You can ask for any order regarding the Schedule to be backed by a penal notice. In addition to the schedule you should provide a position statement to explain the situation and allow the judge to understand why the answers (if any have been given) are deficient and why it matters in terms of the case.

Hadenoughnow

  • littleproblems
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09 Dec 20 #515052 by littleproblems
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How do I go about asking for the FDR to be another directions hearing please? The 7 days in which I gave my ex to submit further documents/evidence has lapsed and I am in no better position to settle.

thank you

  • hadenoughnow
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10 Dec 20 #515059 by hadenoughnow
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Is your ex represented??

You should file the Schedule of deficiencies with the court along with a position statement for FDR setting out the directions needed and explaining that there has been non compliance with the order re questions so FDR cannot be effective. You could ask for the order to be backed by a penal notice. All documents sent to the court must be shared with the other side.

Hadenoughnow

  • littleproblems
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10 Dec 20 #515063 by littleproblems
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No he is not and neither am I.
I emailed the court yesterday asking how I would go about changing the FDR to directions and they kindly told me to just email with reasons and it would be referred to the District Judge. I will certainly ask for a penal notice to be attached because this is not on and people shouldn't be allowed to get away with wasting time and purposely being obstructive!
Thank you for your advice

  • Flower64
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11 Dec 20 #515074 by Flower64
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Just wanted to send you a msg of support. My ex hasn't filed a form E at all, and I did like you've been advised - emailed the court, and the judge issued directions without a hearing, putting the adjourned FDA/FDR back a couple of months and issuing a penal notice if he doesn't comply. I sense the courts really don't like people messing them about, and they're so swamped at the moment that I strongly feel their time shouldn't be taken up by such nonsense either

  • littleproblems
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11 Dec 20 #515079 by littleproblems
Reply from littleproblems
Thank you, it's nice and also sad to know that so many people are in the same position as me with their exs. I reckon penal notices should be attached to all directions from the beginning to stop all this messing about!
I emailed the court last night asking for further directions, I included a statement of issues explaining why the lack of info is preventing a fair settlement and also stated how the fact my ex is uncooperative is not on seeing as I am adhered to all orders correctly and on time.
Fingers crossed my FDR is delayed and he provides all requested info this time...
Best wishes to you with your case

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