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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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Final hearing outcome

  • tinkerbell1606
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23 Aug 12 #351518 by tinkerbell1606
Topic started by tinkerbell1606
So, judgement returned yesterday, fixed capital lump sum from sale of FMH, spousal maintenance joint lives global. Amazing, unbelievable!
Stbx barrister today sends judge a corrections/ revisions order for clarification, essentially telling the judge he''s got it wrong and asking him to revisit and change the order to suit him.
Is this for real? What are the costs implications of this tomfoolery?
My solicitor is away until week after next and I am left in the dark
Any advice great fully received

Tink x

  • survive
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23 Aug 12 #351534 by survive
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Hi Tink, well at least you got your judgement,congrats :-)you don''t say fixed lump sum to whom etc? But I guess that isn''t really relevent in answering your post

Is the judgement different to what the judge said at the FH or was judgement not given and you both notified by post? If it is just a typo error in the judgment then it can be ammended under the slip rule. But if your stbx is saying they don''t like it or it is flawed then they have to appeal, they can''t just ask for it to be ammended. There is a certain procedure to follow and your stbx barrister will know this.

So I guess it depends under which circumstance they are saying it wrong for, typo, or the judgment itself. They would also need to ask for the transcript if they were going to appeal it.

Just sit tight and wait for your solictor to come back, would be my suggestion

Survive

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24 Aug 12 #351615 by tinkerbell1606
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Apparently this is the draft judgement. Not just typo corrections, but further submissions essentially telling the judge he''s got it wrong! Also pleading poverty and saying maintenance is unaffordable!
I understand that if this is the case he will need to formally appeal, and suspect this is a ploy to further drain joint assets and leave me with nothing!
Any advice please?

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24 Aug 12 #351616 by dukey
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Yup what Survive said.

Its and don`t shoot me for saying this, not that uncommon for a judgement to have the odd mistake, could be a typo but it could be a whole sentence or something that appears to be contradictory.

The judge will define it, and if needed pull out the good old slip rule and tidy it up.

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24 Aug 12 #351619 by dukey
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You appeal it or you don`t, its one or the other, the judge may tinker with a judgement but they wont change the meat of it.

Costs follow appeals so if he does and fails you get your costs (most of the time).

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