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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.

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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Possible Bankruptcy

  • gibbi1
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25 Mar 08 #17639 by gibbi1
Topic started by gibbi1
If I am not successful in negotiating a suitable settlement at my FDR this week, due to the size of my unsecured debts (>£70K) and having no assets, I will have to consider going bankrupt. if I do, and this happens before a trial, will the Trustee in Bankruptcy "sit" in my place at the trial hearing ??

  • downbutnotout
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30 Mar 08 #18020 by downbutnotout
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Gibbi,

No - you will still attend the family court hearing as yourself. The family court hearings are not 'trials'.

If the bankruptcy takes place ahead of the FDR or final hearing then the family court will have to take that event into consideration.

  • jelly4toes
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12 Apr 08 #19364 by jelly4toes
Reply from jelly4toes
i am in a similar boat iwent b rupt 3 weeks ago fdr is at end of april.my sol told me fdr has to be adjourned until bankruptcy is over as the trustee in bankruptcy owns my estate even though i have nothing.dom you own a house subject to a mortgage if so it gets complicated.

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