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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.


Any evidence on which you rely

  • Ersuf
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06 Jun 20 - 06 Jun 20 #512728 by Ersuf
Topic started by Ersuf
Hello

I have been reading through posts and came across one discussing position statements and case summary. In the post the writer discussed 'evidence' that was intended to be used in court
.
A moderator kindly responded saying that all evidence should be given to the other side before the hearing.

It was discussing the final hearing, does this just relate to the final hearing or the first hearing too?

What is considered evidence? My case is after twenty years of divorce. Are my reasons for delay considered evidence? Should I be contacting my exes solicitor giving them details of why I feel I have a case so may years after divorce?


Thank you.
Last edit: 06 Jun 20 by Ersuf.

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06 Jun 20 #512731 by hadenoughnow
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The first hearing is simply about gathering information on the couple's financial positions and respective needs.

Unless there is an application to try to stop proceedings - and i cannot think of any basis on which this would be made - there is no need to produce any evidence about why the financial claim has been delayed. A claim remains open after divorce as long as there is no legally binding financial settlement. The remarriage trap can frustrate claims except for pension sharing.

What you may want to do is refer to the delay in your statement of issues. This is a simple list of the matters on which the court needs to help with. In this matter the issue may, for example be: How the delay in settling finances on divorce should be considered.

Should account be taken of the Respondent's lack of financial support for the Applicant and Children between separation and now.

That sort of thing. The issues are more usually related to housing need, income need, earning capacity etc.

The statement of issues is shared with the other side before first appointment. They should produce one too.

Once again i would urge you to seek advice and support to present your case.

Hadenoughnow

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06 Jun 20 #512742 by Ersuf
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Thank you again. And I agree financial advice would be good. I recently paid for financial advices, admittedly it was only £100 but the advice I was given was no more than was available online. This was face to face with a Nottinghamshire solicitor's firm. I like value for money and have no problem paying if there is values in it for me. In the instance I mention above, there was zero value.

Thanks

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07 Jun 20 #512751 by hadenoughnow
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You could look at the services provided by this site to support litigants in person. You need someone to properly discuss the case, ensure you are clear about the process and help you to prepare the paperwork. It doesn't have to be a solicitor.

Hadenoughnow

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07 Jun 20 #512758 by Ersuf
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Thank you again for good sound advice. I really do appreciate it

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23 Jun 20 #512958 by Ersuf
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I have read a case where the judge said, -something like-regards delay, it should not be right to pursue a financial remedy case say more than 6 years after divorce as is civil cases, unless her is good reason for it. I feel I have good reason. When do I get the chance to tell the judge my good reason?

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23 Jun 20 #512959 by hadenoughnow
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It is quite right that some judges feel that a delay in claiming may impact the case. Settlement on divorce is based on need. Arguably if you have managed to house and feed yourself your need was met.

That does not however negate the principle that matrimonial assets should be shared. Frequently also the question of income in retirement remains an issue to be settled.

If you have poured all your resources into supporting your family you may not have any pension provision. If you have left the FMH and moved into rented you would have no cash to release if you downsized.

The judge may well ask at First Hearing. You can also raise the delay in your Statement of Issues. You may want to put a line or two about why the delay is so long but I wouldn't go into a long explanation.

Hadenoughnow

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