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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.


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.


First Appoinment and questionnaire

  • wikiliki
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22 Jan 18 #498926 by wikiliki
Topic started by wikiliki
Hi, Any advice on protocol would be greatly appreciated.

I have my First appointment tomorrow ( feeling a bit sick at the moment)

My stbx Solicitor has not answered any of my questions not that i thought they would, but there some really important question regarding none discloser and diverting assets.

If the judge strikes them off as some are a little complicated can I question why or is there nothing that you can do.

Wikiliki

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23 Jan 18 #498942 by wikiliki
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Bump, I am panicking now any words of wisdom would help!

  • wheatnotthechaff
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23 Jan 18 #498946 by wheatnotthechaff
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Hi, if my experience is anything to go by, the Judge will not take it well if you try to question his or her decision about striking questions from the questionnaire. If he or she deems them 'oppressive' or unsuitable for this stage of proceedings then that's that, I'm afraid.
Not what you wanted to hear, I guess.
However, if matters proceed to a final hearing then of course you may be able to ask those questions in cross-examination.

  • hadenoughnow
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24 Jan 18 #498971 by hadenoughnow
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How did you get on?

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24 Jan 18 #498972 by wikiliki
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Well STBX solicitor came to see me to remove items from my question which I held my own with him explaining the reasons why I wanted them.

In court he changed tactic and said that the bank accounts that required statements for was his partners and the judge just said that as they weren't his she could not order them. and the pensions he had that he says he has consolidated He started to say the cost of getting this information would be disproportionate.

What I don't understand why has he got to re write my questionnaire and the order from the court, and also at the end he asked the judge would she order cost for today. What is that all about?

The statement of issues were not addressed is this normal at this stage.

Appreciate any comments if you know what it means.

Thanks hadenoughnow

  • .Charles
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24 Jan 18 #498987 by .Charles
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A questionnaire is a 'pleading' or a document used in proceedings. The questionnaires that the parties submit are in draft and are subject to amendment by the judge. If the judge orders amendments, the parties have to file a further version with the amendments. It is the amended questionnaire that remains to be answered.

Costs of today is another term for costs in the application. This is mostly academic in matrimonial proceedings as the parties usually bear their own costs. Is your spouse legally aided by any chance? If not, perhaps the solicitor carries out legal aid work in which case, for technical reasons, you need the court to confirm that the costs of the hearing are costs in the application in order to permit the legal aid fund to pay costs to the solicitor.

The statement of issues can effect the course of proceedings and the FDA hearing is the time to deal with such issues. However, if the judge did not feel that the issues warranted any special directions, s/he may have decided this prior to you entering the judge's room.

Charles

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24 Jan 18 #498990 by wikiliki
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Thank you Charles, I came away so deflated yesterday , that I really am ready to give up. Do I need to write to the court in order to obtain that information. thank you wikiliki

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