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

01202 805020

Lines open: Monday to Friday 9am-5pm
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.


Return to court after final hearing

  • maisymoos
  • maisymoos's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
12 Apr 12 #323279 by maisymoos
Topic started by maisymoos
The court have sent through a date for a short hearing to clear up some issues in relation to detail of the judgement given. Eg. When SM should be payable from and who should have control of the sale of FMH. My solicitor has booked my barrister again will this be necessary? I am thinking of self repping. Does anyone have any knowledge of how this sort of hearing is conducted?

Do I need to put the issues in writing to the court before hearing?

  • survive
  • survive's Avatar
  • Platinum Member
  • Platinum Member
More
12 Apr 12 #323343 by survive
Reply from survive
Oh Maisy,

I can''yt offer you any advice to your questions, but at least you may get things sorted.

My situation is still pending in lots of ways, not really made any progression yet, so life is in limbo. Oh, well one day I may free.

Good Luck and let me know how you get on

Survive
x

  • maisymoos
  • maisymoos's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
12 Apr 12 #323391 by maisymoos
Reply from maisymoos
Thanks survive, when we think it''s all over hey! It just keeps coming! I''ll keep you updated let me know how you are getting on :)

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
13 Apr 12 #323428 by dukey
Reply from dukey
I don`t think you need a barrister, all you are doing is asking for some clarity, on what date each month will SM be payed and the sale will probably be by joint instruction.

Its not uncommon for both sides to have questions when judgment is handed down, i honestly don`t know why judges don`t define orders from the outset, these are common issues that must waste lots of the courts time with Directions hearings.

How long is it listed for?.

  • maisymoos
  • maisymoos's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
13 Apr 12 #323458 by maisymoos
Reply from maisymoos
Hi Dukey

Thanks, only listed for 30 minutes. The issue regarding SM, is when it should be payable from not just the date each month. My stbx wants to only pay it from when the FMH is sold, by solicitor thinks it should be paid from date of FH in February. I am currently using my share of assets to pay for the day to day basics.

In relation to the sale of the FMH, as I am getting all the equity left, again my solicitor thinks I should be in control of sale.:dry:

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
13 Apr 12 #323465 by dukey
Reply from dukey
Hello Maisy


Unless the judgment states otherwise SM starts from when the judgment is given, again this is a common question asked, i doubt you have much to worry about with this.

Who deals with the sale is not quite so clear, usually the order says joint instruction and then you have liberty to apply should problems arise, as you are taking all the equity i see no reason why you cannot have sole conduct of sale, its one for the judge to decide.

Do you need to be represented?, what are they saying it will cost?.

  • MrsMathsisfun
  • MrsMathsisfun's Avatar
  • Platinum Member
  • Platinum Member
More
13 Apr 12 #323538 by MrsMathsisfun
Reply from MrsMathsisfun
Who is currently paying the mortgage on the FMH?

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11