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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.

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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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Is it a legal requirement to send a proposal to settle?

  • littleproblems
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08 Apr 21 #516435 by littleproblems
Topic started by littleproblems
I'm very confused and wondered if anyone could shed some light on this.

I have posted before so you may think this is repetition of something I've already asked but I am no clearer as to what to do next, if anything.

I decided to take ex to court to sort out our finances as he wasn't playing fair and wouldn't negotiate via mediation. 2 young children involved so I needed to ensure we were okay for the near future. He has been unco-operative from the start, he filed in the form E with the bare minimum and didn't/hasn't ever provided adequate supporting documents. Our FDR hearing was booked for last December, I requested this did not go ahead as there were many unanswered questions and evidence missing that needed to be given before a fair settlement could be reached. Judge agreed and directions were sent out end of December. He was ordered to answer any questions I had previously posed by early January. He did not respond. I consulted a solicitor who advised I give him one last chance and so I wrote to him again asking for these said questions to be answered (note - these questions are based on undisclosed share valuations, a future dividend forecast and an undisclosed savings account which there is evidence for). Again, no reply by the date I gave him.
Now to my main question: in the December directions it was stated that we send each other our proposals as to a settlement no later than 7 days before our next hearing. Now this was based on the fact that he would respond to my questionnaire but I am STILL no clearer as to his finances therefore am I legally obliged to still make a proposal? I do not want to not do it for fear of not following orders and it going against me but would the judge see my point of view? What would happen if I left it and waited for our FDR?
I read that last year a law was passed that said proposals must be made so is this correct?
I don't expect a proposal to be made by him, I'm sure he thinks I will give up and accept his very first offer of 50% of the house and go away but I know I am entitled more simply because of the 2 children.
I am representing myself and only going to a solicitor when I can afford it which is very little. I asked this question of her but received no reply.
Any advice gratefully received.
Our FDR is scheduled for July 5th

Thank you

  • hadenoughnow
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09 Apr 21 #516440 by hadenoughnow
Reply from hadenoughnow
If you have not got full financial disclosure you won't have the information you need to make a proposal.

If the court has already ordered him to comply with directions and he has failed to do so, then you may need to apply for enforcement, possibly backed by a penal notice.
If you do not get disclosure and cannot make an offer, the FDR will be wasted. The matter would likely be listed for Final Hearing at which a judge will make a decision.

One way to bring him out of the woodwork may be to ascribe a ludicrously high value to these assets and base a without prejudice offer on that.

Hadenoughnow

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09 Apr 21 #516445 by littleproblems
Reply from littleproblems
thanks very much for your reply.

Do you know if I contact the court directly to enforce the order? Is there a form I need to complete and send to them?

I did think about making a ridiculous offer in lieu of the missing information as it could add up to thousands I've no idea!

Thank you

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10 Apr 21 #516456 by hadenoughnow
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You will need to prepare a schedule of deficiencies if he has provided inadequate answers.

This is a document of your questions, his answers and your note of why answers are deficient or what supplementary questions you need to ask.

If he hasn't answered any just make sure the judge has a copy of the questionnaire and any court orders relating to deadlines for response.

You will need a D11 application. I wouldn't worry about needing to attach a draft order, just be clear about what you are asking for and why.

Hadenoughnow

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18 Apr 21 #516510 by littleproblems
Reply from littleproblems
Hi and thanks again for your response.

Do you have any knowledge of how successful applying for a court order enforcement is? In your opinion would it be better for me to send a high offer in lieu of the missing info and explain reasons for this?

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19 Apr 21 #516514 by hadenoughnow
Reply from hadenoughnow
If you get to FDR and key financial information is missing there is a risk the hearing will be wasted. The judge can simply order that you go to Final Hearing and they can order that the schedule of deficiencies is addressed.

A high offer, if you have set out the assumptions on which it is based, is worth considering - but tbh I would do both.

Hadenoughnow

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