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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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Offer has been made n still FH

  • delta123
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13 Sep 12 #355565 by delta123
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I have made an open offer to my stbx according to the Directions of the judge at the FDR but they are going ahead with the FH will the judge order me to pay the other side cost even tho I have complied with his FDR directions I am really worried as I self rep nd get advice on here mostly any experienced solicitor out there who can help the FH is due in days now less than a week n still they haven''t called it off am I in danger of paying cost after the house is sold

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13 Sep 12 #355567 by soulruler
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From what I understand if a judge makes a direction at an FDR and you comply with the direction there should be no reason to carry on to a final hearing - unless massive new evidence comes to light.

So just make sure that you take your offer along to the final hearing.

In the meantime you could write to his solicitors and remind them that you have agreed to the Directions of the FDR judge and want to avoid your husband being landed with extra solcitor costs and you want to avoid the emotional stress to both of you of having to attend another hearing.

I would also take that letter along with you to the final hearing.

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13 Sep 12 #355573 by delta123
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Thank u I appreciate the insightful comments well it''s my ex wife n am the respondent recently we have not been talking to each other but over each other she has legal I self rep n so l have written nice letters but they didn''t reply to date it''s difficult to know
How long hav they got to cancel FH if they do decide to wen there is only 6 days left to FH? Is it too late can they argue that we received his offer late 7 days for example n the house is up for sale anywhere which is the major direction from FDR judge

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13 Sep 12 #355578 by soulruler
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Did you agree to the Directions of the FDR judge and put it in writing soon after and then the house went up for sale?

Who lives in the house, is it both of you or one of you and if your wife has she put it up for sale?

I don''t think 6 days is too late to vacate a hearing, you can also agree outside court on the day.

The main thing is to show that you are co-operating and being reasonable and doing your best to comply.

Legal aid has to be paid back so as the house is up for sale at some point your wife is going to have to pay back her legal aid.

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13 Sep 12 #355589 by delta123
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At FDR I asked questions to judge to clarify why my request for staying in house for a yr was unreasonable coz i am a full time student i live in MH with our daughter n son n she moved out with our two young kids 11 n 15 my daughter at home is just turned 18 n in full time edu son is 21 n in univ n he explained it but added that at the FH I might b ordered to pay cost of the other so I had to look for new accommodation in 6 weeks n arrange to put house for which happened recently n am waiting for a buyer to come along really l was worried coz someone said it might to late to vacate FH as it is a waste of time for court I don''t know
the offer wasnt made soon enough but it has been made n I made sure the house is up for sale

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13 Sep 12 #355594 by soulruler
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Well I can''t really say but if you have put the house up for sale now, even if a bit late then I really don''t see why your wife would want to go to a final hearing - what will it acheive?

Also don''t quite understand why you are supposed to vacate - is it because your wife is supposed to be moving back in with the youngest two as it seems totally silly to move out in 6 weeks unless your wife is supposed to be moving back in - is there something else missing?

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13 Sep 12 #355601 by delta123
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My ex wife wants the MH to b sold n the FDR judge agreed she doesn''t want to move back in coz she says house has bad memories she is renting n she wants me to rent too n the FDR judge agreed that''s why l hav to vacate the MH n just rang the court now n confirmed that it''s too late to vacate FH n am so concerned that the judge might award my ex cost on FH the FDR judge is on my ex" s side n I am alone in this I don''t know what to do honestly the emotions r running high now

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