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

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
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.


Directions Hearing

  • Laurie
  • Laurie's Avatar Posted by
  • Junior Member
  • Junior Member
More
21 Apr 12 #325625 by Laurie
Topic started by Laurie
Hello, we cannot afford legal representation and would like to have guidance on what to expect at a Directions Hearing, what to ask for from the other side and how to ask it. What is a reasonable period of time to delve into financial pasts? For example, we have been asked for 10 years of accounts. I would have thought that the relevance would be the past 3 years of business nosedive. Can we ask the Applicant for financial evidence to support her £200,000 mortgage being granted? All help gratefully received as this is very nervewracking. :(

  • epitome title
  • epitome title's Avatar
  • Platinum Member
  • Platinum Member
More
21 Apr 12 #325630 by epitome title
Reply from epitome title
Hi Laurie

Have you both filled in form E?

If not, it is a good place to start - I gave 12 months worth of bank statements etc but if a business is involved I would say it is fair to give 3 years worth of accounts.

Once you have both filled in form E''s and had them sworn, you should arrange to exchange them. If you don''t get to exchange your form e''s for whatever reason, you should file a copy of yours with all supporting documentation to the court anyway

Once you have exchanged the forms and each had a look at each other''s forms, you will be then able to compose a questionnaire, asking all the questions you need to ask relating to information on the form E that you need clarification on. Again, once you have got your questionnaire together, file a copy of that with the court.

At the actual First Appointment, the Judge will have a look at the paperwork and probably direct you both to answer each other''s questionnaires and give you a time limit by which you should have answered the questions and given the answers to your ex.

Be warned, if my first appointment was anything to go by, it does not last long, you get all het up about it and you will only be in there for about two minutes.

Hope it all goes well for you

  • Laurie
  • Laurie's Avatar Posted by
  • Junior Member
  • Junior Member
More
21 Apr 12 #325635 by Laurie
Reply from Laurie
Thank you for your kind & quick reply. Yes, form E has been filled but not sworn (at the Court?). If one has questions that are considered unreasonable from the opposition, is it appropriate to politely query the need to respond? For example, the expectations of 10 years accounts, etc etc. If taking a Mackenzie person in, does this person have to be identified in advance to the Court? Also, the ex (the Applicant and former wife of my husband) was aggressive and verbally abusive in the last Hearing. Are there people who can help in such circumstances? Last time we were represented and the solicitor took charge, blocking the way. All very unpleasant and the divorce was 17 years ago.

  • epitome title
  • epitome title's Avatar
  • Platinum Member
  • Platinum Member
More
21 Apr 12 #325640 by epitome title
Reply from epitome title
Hi Laurie

Yes, you can get the form E sworn at the court and you won''t have to pay, usually a solicitor will charge approx a fiver

In my case, the Judge just said for us both to answer each other''s questionnaires, I got the feeling that he had read them and in general unless they are really ridiculous questions, most Judges will ok them but as you are representing yourself i would say it would be perfectly fine for you to politey put your opinion, as if you were represented, your solicitor would voice it for you.

I believe if you are using a McKenzie friend, it would definitely be worth asking the court if you need to get the court''s approval, I believe some courts even ask for a cv - however if you ask the question, you will know what your court''s requirements are

Frankly, if the other side are not polite and present themselves properly in front of the Judge, they will run the risk of being informed of the protocol thus looking a little foolish

Best of luck :)

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11