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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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Pension 100%

  • dukey
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28 May 12 #333504 by dukey
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Anyone else? please.

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28 May 12 #333635 by maggie
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Nice try duke - puts me in mind of my barrister - I asked for his opinion on something - he gave me 3 precedents in my favour and 3 against - asked me what I wanted to do and charged me £300 for his "opinion".

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28 May 12 #333649 by soulruler
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I think you should look at the equitable estoppel of latches and also reliance estoppels.

Google, estoppel latches on wikipedia as latches (equity) I believe.

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28 May 12 #333652 by dukey
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I think not ,family law, not civil, we are talking high court rulings following family proceedings, this will live or die on field being upheld or not, or other case law taking precedence.

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29 May 12 #333697 by maggie
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Post deleted - the link just wouldn''t work and typing the address in the address bar came up 404 for the document I''m reading online.
I give up.

Hang on googling this

This audio recording will concentrate on challenging ancillary relief orders in Divorce.

finds it
It''s a training script about variation.

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29 May 12 #333704 by soulruler
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My understanding is this, if you have an order of court during family proceedings (fpr) and then fail to comply and fail to appeal then you are into civil proceedure rules.

When you appeal from a family ruling you are involved in CPR (all appeals are covered under CPR 52).

When you have a ruling whether you believe it valid or not then you have a duty to attempt to enforce that ruling as soon as possible - the estoppel of latches makes that clear - it rewards the vigilent rather than the negligent.

Both parties had legal representation. I think the post that the OP given an order for 100% of the pension and that therefore must do everything in their power to enforce via the pension provider makes sense.

Send the pension provider a coppy of the order of the court and ask them to comply and respond in writing. If there is no response send this into court. It is important to do your best to comply with a court order and for parties on the order also to comply.

The husband failing to attend court is contempt of court and that is not dependent upon whether it is a family court hearing or a civil hearing.

A friend of mine was late to a divorce hearing (only by 1/2 hour) and was told by the judge that he was very lucky not to be held in contempt.

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29 May 12 #333757 by dukey
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I agree with what you say SR, appeals are cost sensitive and do follow CPR, and yes not attending could easily be considered contempt of court.
I suppose what i made a bad job of saying is that the appeal itself will be considered using family law, in cases like this one side is saying the judge got it wrong, made an error in law, it then falls to the accusatory side to show and prove the error, they have suggested Field makes the judgment perverse, personally i have doubts, but then i am not a lawyer.

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