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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.

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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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Consent Order

  • cantstopcrying
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09 Apr 21 #516450 by cantstopcrying
Topic started by cantstopcrying
At a hearing on 25th Feb 2021 the Judge Order after discussion with both parties.

2. Both parties wishing to serve a questionnaire on the other requesting further information and disclosure but neither party having made an application to the court todo so and permission being required by FPR 2010 rule 9.16, and the final hearing part heard, both parties may by 4pm on the 11th March 2021 serve on the other and file at court a questionnaire limited to the issues in these financial remedies proceedings.

3. By 4pm 25th March 2021 both parties shall reply to the others questionnaire for just exceptions and if dealing to answer any particular question their reply shall explain why they decline to answer such question.

I submitted by questionnaire on time. I have not received any replies to my questions.

Yesterday 8th April - Some 4 weeks late - I received The Respondents questionnaire. It is a compilation of 98 questions some which have up to 4 parts. Its not really a questionnaire more an interrogation. To be honest I feel sick reading It.

This is a previous domestic violence case and he wants me to confirm in writing that I have said sorry to him person and have lied on my divorce form. And that I have lied to the police etc.
I am shocked that his solicitor would allow this to be sent.

Because it is past the deadline we both agreed to in court I am thinking I don't need to answer it. Is this going to be acceptable ?

  • hadenoughnow
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10 Apr 21 #516453 by hadenoughnow
Reply from hadenoughnow
Any questions should be limited to financial matters in the interests of ensuring the judge has the disclosure necessarily to make a fair decision.

It sounds like the sort of questions you have been presented with include those that you can reasonably refuse to answer. These would be 'just exceptions' that a judge reviewing them. would strike out.

If there are any questions that properly seek to shed light on assets, incomes, liabilities and needs, it is probably worth providing an answer to those only. To all the others just respond 'not relevant to financial remedy proceedings'. If they are matters for cross examination (in court) you can say so.

If your ex thinks you are wrong, it is open to them to make an application for the judge to determine which questions should be answered. I am sure a demand for an apology would not be considered appropriate.

As this was a deadline as opposed to an absolute bar, i think you should respond as above but note the lateness in your response document before the responses (include all the questions). Perhaps also state something along the lines of I have not provided responses to questions x, y and z (list) because (reasons as above).

Hadenoughnow

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