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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.

 

Non-molestation/Occupation Order Advice!

  • Andynumpty
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15 Mar 19 #506698 by Andynumpty
Topic started by Andynumpty
I've received an email from ex's solictor today informing me of a non-molestation/occupation order for next tuesday 19th march, and been asked to confirm I have received it, is that normal proceedure?

I'm quite supprised by a lot of the allegations, not because I wasn't expecting the numerous false accusations but that most of them I can easily prove are false with text messages I have and hard evidence I can provide!

  • hadenoughnow
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16 Mar 19 #506708 by hadenoughnow
Reply from hadenoughnow
It is one way that you can be informed, especially if proceedings have been arranged at short notice.

If you have received a copy of the application, you can produce a position statement and evidence to refute the allegations. You will need to serve it on the other side. A second hearing may be held to examine this. The court may ask for an undertaking from both of you re behaviour.

Hadenoughnow

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16 Mar 19 #506715 by Andynumpty
Reply from Andynumpty
Hi, thanks for the reply.

Can I just ask, the hearing is scheduled for just 15 mins. Is the first hearing just to see whether I accept or deny the allegations and then a second hearing is scheduled for me to submit my evidence and finding of fact hearing?
Thanks Andy

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16 Mar 19 #506724 by hadenoughnow
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Pretty much. There may be an order made.. Or you may have to give an undertaking. I would suggest you have a brief written response to the allegations if you have the details. Give to the other side and the court clerk for the judge and have a copy for yourself.

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23 Mar 19 #506871 by Andynumpty
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Ok, update on what happened on Tuesday..

I went to court with a Position Statement totally contesting allegations by ex, we still live together.
I spent time over the weekend going through 1 by 1 what she had put down, there were over 40!
I replied to each one detailing times and dates of any text messages we had sent each other which totally contradicted what she had put down. I went to court and handed one to her solictor and one for the judge before hearing.
Went into court with a lady judge sat there and stated she had read my documents.
Stated she had done a balance of harm test and wasnt ordering a non-mol or occupation order today but was going to adjourn to middle of April to tie in with my Child Application to vary/define existing order.
She queried why there was a CAO in place now whilst we're still living in the same house, I replied saying that I had to apply to get one as his mother wasn't prepared for our son to spend any meaningful time with his dad, she replied saying " that is very strange", I agreed with her.

All in all i was happy what happened as I was expecting the worse, still another court date to go through yet though! I've decided to have a Barrister with me next hearing.
Andy

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23 Mar 19 #506872 by hadenoughnow
Reply from hadenoughnow
Thanks for the update - and well done for getting through it on your own.

Have you got a financial order under way? It sounds like you need to be independent of each other as soon as practicable.

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23 Mar 19 #506875 by Andynumpty
Reply from Andynumpty
We're not married so splitting the finances from house is going to be a task with her
Her solicitor even mentioned the cost of TOLATA if we can't agree ourselves.
Andy

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