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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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Consecuences of not Attending FDA and/or FRD

  • Dima
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07 Sep 12 #354540 by Dima
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Hi, I feel that my wife will do her best to sabotage Clear Break i''m seeking, and may ignore the court appointments.
What are the consequences of her not attending FDA and FDR?
Also my case is fairly simple (no children, no pension, no house) and I''m planing to self represent, what are the costs if (in the worst case scenario) I go all the way and get a financial court order?
mANY tHANKS

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09 Sep 12 #354720 by dukey
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The court order attendance, if one person refuses a judge would usually make a specific order to attend, called a penal notice, refusal after that can mean prison.

However when there is nothing to share a judge may just choose to skip FDR and have the final hearing, s/he can`t give you an order is the other does not disclose or attend, what the judge can do though is refuse a future application by the person refusing to comply, which is just as good really.

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11 Sep 12 #355265 by upbeat
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Hi Dima,
I have just got my order for a final hearing where the judge has stated that a the court may make a final order if the party does not attend. The judge knows no form E has been served or filed by the other party.
So not sure what will happen there then????

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11 Sep 12 #355267 by Dima
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Interesting... so you stbx has not attended FDA and FDR and not even bothered to fill in the form E right?
Please let us know what the outcome is!

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11 Sep 12 #355276 by upbeat
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He did attend the second FA but with no paperwork even with a penal notice attached to the first order from first FA. Judge gave me the option of imprisioning him but I declined (what would that achieve not vindictive just want this over with) then because I asked about the paperwork and ex didn''t give a satifactory answer jusge told him he didn''t care if he filed form E or not and a decsion would be made with or without it so......????
The next one should be interesting!!! :)

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11 Sep 12 #355278 by dukey
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I will never understand why some people will ignore a judge that can send you to prison without trial or jury, it just makes no sense at all.

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11 Sep 12 #355284 by upbeat
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I know and he blamed the court for not completing it! Which went down very well with the judge, NOT!, what are your thoughts on the Judges view at the final hearing?

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