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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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Documents to court

  • littleproblems
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05 Aug 21 #517375 by littleproblems
Topic started by littleproblems
Just a quick question if anyone has a moment to advise please

As ordered in the last directions I sent updated disclosure, details of suitable accommodation and details of my maximum mortgage capacity to my ex but not to the court as it specifically did not state to. Now I am panicking as Im wondering whether I should have! Silly error on my part, lots going on etc. This was back in May and I have the FDR on Aug 18th.
Should I send copies of it all to the courts now and explain??

Thank you!

  • hadenoughnow
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06 Aug 21 #517396 by hadenoughnow
Reply from hadenoughnow
Check the court order from the last hearing.

If it says file, that means send to the court.
If it says serve, that means send to the other side.
If it says file and serve, you send to the court and the other side.

If there are documents that have been served but not filed when they should have been, you can just email signed and dated copies to the court.

Bear in mind that all the key documents will be in the bundle for the hearing. If your ex/their solicitor is preparing the bundle, you may need to ask for specific documents to be included if they are not in the draft index. U

At FDR the court will want to see a clear schedule of assets and liabilities and a well set out without prejudice proposal to settle from each party.

Hadenoughnow

  • littleproblems
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07 Aug 21 #517403 by littleproblems
Reply from littleproblems
Hello, thank you for replying.

The directions stated 'The parties are to send each other...' regarding those documents. The other directions stated 'send to the court...' or 'file and serve...' which I followed. I have emailed the court those first documents anyway just to be on the safe side.
I have tried to complete an assets and liabilities schedule but this is sketchy due to the fact my ex not disclosing certain parts of his finances therefore its not accurate at all but its the best I could do.
I have not received any proper proposals from my ex either, just a letter and an email where he's casually thrown in an offer without any thought behind it at all but I've included these in the bundle. Neither were headed 'Without prejudice'
I have not made any offers as a solicitor said I could state that I never had enough info from my ex in order to make a proper one. I have stated this in my position statement.
Our whole financial relief case has been sloppy, my ex has never cooperated fully whereas I have done everything in my power to get us through this to reach a settlement. I only hope a judge will see this.

Thanks again for your help...much appreciated that you take the time out

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