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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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Be aware of the New Cost rules!

  • Louise11
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05 Jun 07 #605 by Louise11
Topic started by Louise11
Just thought this should be posted here also, instead of just in a reply to a post!

The Family Proceedings Amendment Rules 2006

7.1 The purpose of these rule amendments is to make changes to the courts’ power to make cost orders in ancillary relief proceedings. The new rules will only give the court power to make cost orders in ancillary relief proceedings where it is justified by the litigation conduct of a party. The policy objective is to discourage the making of costs orders in ancillary relief cases other than because of the conduct of one of the parties. Cost orders have a destabilising effect on financial settlements that have been carefully constructed by the court.
The rules also provide that courts will no longer be able to consider any “without prejudice” or “without prejudice save as to costs” offers (also known as Calderbank offers) when making decisions on cost orders to avoid the procedural gamesmanship and uncertainty for the parties which these can produce.
The rules provide that two forms (Form H and H1) should now be completed. Form H to provide more detailed cost estimates at interim hearings, to show a realistic estimate of the costs incurred to date. Form H1 to provide a detailed statement of costs at a final ancillary relief hearing. This will enable the court to take account of the impact of each party’s cost liability on their financial situations.

Hope it puts off stroppy ex's, that seem hellbent on revenge!

Louise

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