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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.


Do you need legal advice on a fair financial settlement?

We offer a consultation with experienced family solicitor for a low fixed fee. You will receive legal advice and a written report outlining your legal position and setting out what a fair settlement would look like based on your individual circumstances.


Final Hearing

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05 Apr 12 #321820 by forgive
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Has anyone been to the Final Hearing ?
We have not been to FDR so I don''t know what Judge''s Directions regarding assets splits. Will Judge gives the verdict during Final Hearing if we can''t agree on or will the Judge give the orders after the F.Hearing ? Can anyone be to the Final Hearing to enlighten me ?

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05 Apr 12 #321838 by Young again
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Hi forgive,

If you can''t agree something between the two of you at the FDR it will go to a Final Hearing and the judge almost always states what his/her decision then.

When the case merits some more measured and considered reflection the judge reserves judgement, but I have only heard that happen in big money and complicated cases.

Good luck

YA

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05 Apr 12 #321853 by maisymoos
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I had to wait nearly 3 weeks to be given a written judgement after my final hearing due to time constraints the judge did not have time on the day to pronounce his judgement.

Unfortunately it looks like now I will need to return to court for a further short hearing as there are several sticking points on agreeing the Consent Order that need clarification. :(

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05 Apr 12 #321862 by forgive
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Maisymoos,

It seems you have the experience. I am self representing and we have two days for Final Hearing in May. We did not have the FDR as some reason behind it. I hoped to have another FDR but my Ex insists to go straight to F.H. I don''t know why my ex spends a fortunate on F.H. as we only asset is a midium house, no children, I have a bigger pension and ex has a smaller pension but with bigger income. That''s about it.

How long was your Final Hearing ? Did the Judge gave his opinion at all ? How did he calculate the assets ? Did both your barristers negotiate with each other and did you have the say in it at all ?

I would like to have more detailed information. It is very daunting for me alone to go, but I have saved thousands pounds. I would like people to give me enough information so I can be well prepared.

Thanks for all of you.

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05 Apr 12 #321868 by maisymoos
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There was a little bit of attempted negiotation at the beginning of the first day, but a waste of time and at the end of the day costs of FH had already been incurred, barristers and solicitors all present. I have no idea why my ex didn''t do an open offer and attempted to start up negiotiations again on the day of FH. I think he was trying to turn it into another FDR but was a bit late in the day!!

Mine was also a two day hearing.

I had written an open offer 9 days before the FH, and heard nothing from the other side. The judge queried why they had not made an Open offer they then had to make a dashed attempt to make an open offer on a scrap of paper. During the course of the two day hearing they kept amending it!!

Once through the court room door that was it, no more negiotiations. The two days were spent questioning me and my stbx. I was only questioned for an hour or so. My ex for nearly a day!!. The judge said very little except to seek clarification or to emphasise a couple of points. No indication was given of the judgement on the day, although my barrister had picked up on a couple of clues for instance that Spousal maintenance was likely to be awarded but no idea as to term.

If you go to Final Hearing that really spells the end to negiotations the judge is going to decide the outcome. Any negiotiations should have been done at FDR or between FDR and FH via open offers prior to the Final Hearing to avoid the hearing itself.

Hope it helps

Feel free to ask more.

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05 Apr 12 #321875 by forgive
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My ex did not want to sit down to negotiate too. Tried to hide his income as he has his own company so one FDR was wasted because it was used for Judge to approve the questions I asked him.

I did a little calulation myself how to split but I am not sure it is the way. Do you know how judge did the calculation, a rough idea as all of our situations are different, but if you can give me some hints, will be helpful.

Basically I will be the one to question him. I am still waiting for his disclosure and documents. I am sure his solicitor won''t give me the documents ordered by Court until last minute so I have to time to check and no time to think. Can you imagine you receive documents at last day before the Final Hearing ? Do you mind to tell me how much legal costs both of you spend on the whole thing ? I was freightened to see his cost.

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05 Apr 12 #321882 by maisymoos
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I''ll PM you :)

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