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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.


Priority court directions or family procedure rules?

  • M2020
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14 Aug 20 #513682 by M2020
Topic started by M2020
Independent valuer has provided property valuation report. Court directions stipulate specific date by which written questions are to be put to the valuer, however Family procedure rules 25.10 stipulate written questions are to be put within 10 days of receiving the report. This gives two different dates, which date takes priority?

  • hadenoughnow
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15 Aug 20 #513692 by hadenoughnow
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Is the date given by the court order more generous?

I would suggest that the court order made in the specific case would carry more weight than the Practice Directions. Having said that, there is a degree of flexibility in family court deadlines providing that flexibility does not mean an upcoming hearing is jeopardised.

Why is it an issue??

Hadenoughnow

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15 Aug 20 #513701 by M2020
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The report was received on 7th, under FP rules I have 10 days (17th, Monday) to put questions but the court directions give me until 20th (Thursday) to put questions. I’ve not quite finished my research and questions, so I may not make 10 day deadline within FP rules, but I will make court directions deadline. The FH is in November so that won’t be affected.

  • .Charles
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17 Aug 20 #513717 by .Charles
Reply from .Charles
The date on the order is the relevant date. The FPR anticipates this:


Written questions to experts
25.6.—(1) A party may put written questions about an expert’s report (which must be proportionate) to—

(a)an expert instructed by another party; or
(b)a single joint expert appointed under rule25.7.
(2) Written questions under paragraph (1)—

(a)may be put once only;
(b)must be put within 10 days beginning with the date on which the expert’s report was served; and
(c)must be for the purpose only of clarification of the report,

unless in any case—

(i)the court directs otherwise; or
(ii)a practice direction provides otherwise.
(3) An expert’s answers to questions put in accordance with paragraph (1) are treated as part of the expert’s report.

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