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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%

  • soulruler
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29 May 12 #333773 by soulruler
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You fail to comply with an order from court and we are on a divorce website here obviously and you are in contempt of court - usually as advised by men on here and you can and often will be sent to prison!

The whole point of FPR is to keep very intimate affairs amicable which is the point and whole point of collaborative law.

Go to court and you are in the civil process - forget the fact that underlying all of it is FPR as you are in court and court as we all know (if you have been there) is a very intimidating place. It is supposed to be intimidating and you are not supposed to challenge authority unless that authority is acting outside the law or without grounds - this is a democracy here in the UK - rights to freedom of expression.

There is no potential contempt of court if you fail either to comply, state your objections, appeal or fail to turn up to a hearing - your are in contempt. In civil proceedings generally if you apologise for your contempt (if you are in contempt) and then comply with the order (especially relevent if during a divorce) then there should be no legal penalty - prison or fines or costs in damages.

If you are obviously in contempt as it is obvious the OP''s other half is then there should be penalty but at the same time if her legal team will not stand up she is better off self representing otherwize she will be seen to have aquiessed and agreed and be seen not to be that bothered and the estoppel of latches will work to her disadvantage.

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29 May 12 #333797 by maggie
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Is estoppel and laches about aquiescence or remaining silent - ie behaving in a way that shows you know about and you''ve accepted an infringement of your rights - whereas pmw has been active throughout in claiming her rights/not accepting non-payment?
Does it apply in this case?

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29 May 12 #333799 by soulruler
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duty is on performance and disclosure and also court orders.

It would appear from the OP post that her husband has failed to comply, failed to appeal, failed to attend and failed to give any reasons.

So we are out of FPR a long long time ago and her duty in enforcement is to proceed and not let any legal team get in her way - if they will not help dismiss and do your best to self represent - it is not hard to send an account holder a valid court order and ask them to comply and if they do not immediately apply into court for a court order for enforcement.

Do not delay.

  • pmw2040
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29 May 12 #333845 by pmw2040
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Thanks to all for this.......much more helpful than my legal rep!

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29 May 12 #333847 by dukey
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It''s often best to break these issues down to it''s basic issues.

We have an order, he failed to comply.

Enforcement proceedings were issued.

The judge at enforcement decided the best way forward was to adjust the order given the fact he would most probably again fail to comply.

He has now instructed a barrister who claims the judge made an error in law and sites Field in support.

The appeal will ask one simple question, did the judge have the power to order what he/she did? If the answer is yes the appeal fails, if the answer is no there are a number of possibilitys.

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29 May 12 #333853 by pmw2040
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you''re right - I see it is just as simple as that. At the moment the judge listed for the hearing is the one who is in doubt!

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29 May 12 #333858 by soulruler
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If you believe that the judge who made the order for a transfer of 100% of the pension was right and under the circumstance of default and failure to attend court to explain I can totally understand and believe the order to be right, then despite an appeal I would still, under the circumstance go full out to enforce a valid order in view of evidence and ignore an appeal (whether in or out of time) on the basis of estoppel and by way of record.

Do not delay and stake your claim.

A meritless appeal (which is what I see your husband doing as apart from any other consideration he failed to comply or attend) is frivolous and therefore should be ignored.

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