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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.

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Appeal after FDH FH

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29 Jun 12 #339994 by LB1
Topic started by LB1
Please can you advise me anyone who has appealled after the decision of a final hearing? In a nutshell i am going to get into debt as a result of paying spousal maintenace and believe the judge overlooked my finances. Any help would be grate i am very upset.

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01 Jul 12 #340238 by LittleMrMike
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You can in principle appeal ( be aware that there''s a time limit ) but the problem is that to be successful you have to show the judge was clearly wrong. An appeal Court can''t interfere merely because it would have done differently had it been called upon to decide.

LMM

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01 Jul 12 #340434 by LB1
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Hi littlemrmike

I would dearly like advice and if i can ask if i can call you, to give you an overview for my grounds for appeal.

I already pay CSA £589 and the judge ordered i pay £200 spousal maintenance which i cannot afford.

Clearly judge got his figures wrong and the split of equity was 12.5% of £200k surely i cannot get into debt to pay this?

Can you reply please clearly time is of the essence and i self repped throughout the entire process due to lack of funds.

Look forward to your reply.

Thanks a million.

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02 Jul 12 #340451 by dukey
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Before you appeal you really need to be sure you have a good chance of success, judges have discretion so its not that easy to show the judge got it wrong, in fact you need to show the judgement was actually perverse.

How many kids do you have and what is your net income, are you employed or self employed.

If your unhappy with SM its the numbers you need to focus on, is it a term order or joint lives.

How old are you and the ex and the age of kid/s.

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02 Jul 12 #340462 by LB1
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Hi Thanks for the reply

I have 2 kids 1. is 4 years and 2. is 2 years

I am employed net is £2.7k a month

I am 39 and ex is 40. she takes home the same but works p/t and has net of £1.4k a month and £1.3 made up of benefits.

Look forward to your response

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02 Jul 12 #340463 by LittleMrMike
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The first thing you must note is that you have 14 days from the date of the order in which to appeal to a judge in chambers.

If you are saying that the judge made an arithmetical error, eg if he ordered you to pay £1000 per week maintenance when he meant £100, then that''s obviously an error which can be corrected.

If you are saying that the order is not sufficient for you to live on you must explain why, by reference to the original hearing and documentation. This is, or should be, a matter of simple arithmetic.

I don''t quite understand your reference to the split of equity. A judge can order you to pay a lump sum which can only be met by borrowing, but obviously you must have the resources to meet the payments.

You cannot normally bring in evidence which was not available at the hearing.

I''m sorry, I don''t want to appear unhelpful, but I do a lot of advising on this forum which is done by PM and or telephone and which most people do not see. I have made two rules : (a) I cannot represent people and (b) I don''t draft legal documents unless I am very sure of my ground.

LMM

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02 Jul 12 #340464 by dukey
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The numbers don`t look good, even after CM and SM your left with around £1900, you do earn enough to pay SM so on the face of it not good news for you.

What do you need to live on, and i mean bear bones, are there any unusual circumstances, do you live or work in an expensive part of the country, is travel to work expensive, where do you live, rent, with parents, do you live alone or have a new partner, what about you ex is she alone.

Care is needed here appeal can lead to costs so don`t do it unless your sure you have a strong chance.

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