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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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FDA hearing

  • Marty2004
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02 Feb 19 #506032 by Marty2004
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Do you think I should write a list of my concerned and forward them to the court before next Friday. Ex has to use a solicitor it’s part of the conditions of the restraining order. I’m totally confused by it all

  • hadenoughnow
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02 Feb 19 #506035 by hadenoughnow
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I assume you are representing yourself?

If there is evidence of DV, you may be able to get legal aid if you don't have the funds to be represented.

Are these requests in the questionnaire? You only have to answer questions that the judge orders you to answer. You can object to any that are inappropriate. Do bear in mind the recent publicity surrounding victims of abuse being subject to questions from the perpetrator in family courts and moves to stop this.

I think you should write a position statement setting out your objection to being asked to rehash evidence on which he has already been convicted. This should be sent to the court and the other side before the hearing.

As far as setting out contributions goes, if you are going to run a contributions argument, this is not unreasonable. If there is a paper trail you need to point to this. Bear in mind though that settlement on divorce is about needs first.

There are usually 3 hearings if the finances go through the courts - although settlement could happen at any time. The FDA or first appointment is pretty much administrative. It is aimed at sorting out full financial disclosure. Various orders may be made including orders to get valuations of property and pensions.

FDR is a directions hearing at which offers are discussed and the judge may give an opinion on settlement. There can be agreement at this hearing which will result in a Consent Order to settle maters. NB the first appointment can be FDR if there is sufficient financial disclosure for negotiation to be meaningful.

If there is no agreement at FDR, there will be a Final Hearing at which evidence is examined. If agreement is it reached, the judge will impose a decision on the parties.

If you are stuck, you can always give the helpline a ring.

Hadenoughnow

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03 Feb 19 #506038 by Marty2004
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Thank you for your reply, yes I’m self representing I’m not entitled to legal aid my wage is just over. The statements regarding the DV and my contributions are not questions raised, they want an order raised for me to do them so ex can make his comments. It is their proposed directions to the judge. He is on a large salary but he is getting himself into debt so it looks like he has no money left. The questions were separate. I will write a position statement as you have advised. Thank you for you advice.

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