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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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FA draft order

  • LittleAngel01
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07 Jun 20 #512750 by LittleAngel01
Topic started by LittleAngel01
Hello everyone.
FA hearing was scheduled for March but the court says they haven't received any supporting docs which I've sent twice by post due to Covid so it didnt go ahead and now sent me a letter saying this
10:00am. The probable length of this hearing will be 30 mins.
1. Parties to jointly file the following documents by no later than 4pm on 8th June 2020
1. A draft order
2. Copies of any questionnaires
3. Statement of issues
4. Schedule of assets
5. Costs
2. Upon receipt of the above documents, this matter will be listed for a paper hearing only on 11th June
Does anyone know what do they mean by draft order? Is this Consent Order? Or different one?
Also what do they mean by jointly file? I'm Litigant in Person and other party has a solicitor.
Thank you for any help

  • hadenoughnow
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07 Jun 20 #512752 by hadenoughnow
Reply from hadenoughnow
Hi,

Has the court got the documents now? They should be put together into a court bundle for the hearing. This is usually done by the Applicant or whichever party has a solicitor if only one is represented.

First Appointment is largely administrative. At the end the judge will make an order for directions. This is like a list of things that must be done and deadlines for them.
It may be things like valuing the house (if there is no agreement), getting an actuary's report if there are pensions to consider, answering questions in the questionnaire etc. It would also include directions on the production of without prejudice offers before the next hearing. The second hearing, FDR, is one where offers are discussed, the judge should give an opinion on a fair settlement and you can make a legally binding agreement.

There are standard clauses. The judge will look at the paperwork, review the draft order and decide whether to add or remove anything before signing it.

If you need help with any of this, we have a range of low cost support services for litigants in person. Give thd helpline a call.

Hadenoughnow

  • LittleAngel01
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07 Jun 20 #512755 by LittleAngel01
Reply from LittleAngel01
Thank you hadenoughnow.
The bundle was sent by other party solicitor but the court keep saying to send them supporting docs like questionnaire, statement of issues etc which I've sent twice till now and exchanged it with other party solicitor. And it that letter they asking for all of it again so it's seems they've not received either side supporting docs but what I don't know is what do they mean by draft order ? And what does jointly filed mean in their language?

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07 Jun 20 #512760 by hadenoughnow
Reply from hadenoughnow
The draft order, as explained above is the order for directions. Ideally it should be agreed with the other side.

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