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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.

 

final hearing

  • Irungu
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11 Jun 22 #519460 by Irungu
Topic started by Irungu
Hello,

Our final hearing is on 23rd to 25th Aug 2022.My STBx has made it all very complex and my legal bills are nearly 40k.I have reserved representation for final hearing as he really wants to keep everything.I am feeling overwhelmed at the moment.What happens if someone breaks down during the hearing?I just need to find ways of managing this last quadmire?

Kind regards,
Phylis

  • hadenoughnow
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12 Jun 22 #519464 by hadenoughnow
Reply from hadenoughnow
The whole point of the process is to narrow the issues. By the time you get to FH you should have agreed valuations etc.
The real question for the judge is the best way to achieve a 50:50 split and there there is any good reason to depart from equality.
The first consideration is needs - for housing and income, now and in the future. If there's more than enough to meet needs then there may be arguments advanced in respect of contributions.

Did you get a steer from the judge at FDR? Have you put in an open proposal?

If the judge at FH can be persuaded that costs have been escalated needlessly by one party, they may entertain an application for costs. Alternatively any settlement may reflect costs.

You main question is about coping. The evidence will all be in the bundle. Your s25 statement is especially important. The judge will likely have formed a view from reading the bundle. The hearing is about cross examination of evidence.

You say you have reserved representation. Does this mean a barrister? Is your ex represented?

A well briefed barrister will do most of the talking for you at the hearing. If you are overwhelmed at any point the judge may adjourn briefly.

If you are struggling with preparation and don't have a solicitor, you could seek lay support or look at the support services provided by this site.

Hadenoughnow

  • T W Dixon
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12 Jun 22 #519469 by T W Dixon
Reply from T W Dixon
Irungu, your post suggests that you are concerned that you might break down during the hearing. You seem stressed. Stress is, or can be, a mental illness. In the Equal Treatment Bench Book, "'mental disability' is taken to encompass mental ill health". That book also says:
=20px"Each=20px =20pxperson=20px =20pxwith a disability must be assessed and treated by the judge or tribunal
=20pxpanel as an individual so that his or her specific needs can be considered and
=20pxappropriate action=20px =20pxtaken. It is crucial to be aware that what is perceived as the same
=20pxor similar impairment, may well have a different impact upon different individuals.
=20pxFailure to do this may result in a decision being overturned on appeal."
If you inform the court, they can make adjustments - for example, letting someone else attend with you for moral support.

Here is a link to the book
www.judiciary.uk/wp-content/uploads/2021...1-interim-update.pdf

  • Irungu
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13 Jun 22 #519472 by Irungu
Reply from Irungu
Many thanks for your reply. I am seeking representation for final hearing especially as my STBx has complicated it all. Still challenging the actuarial report that he insisted on during the FDR. His solicitor should prepare the bundle right? Can I have a supplementary bundle in case his solicitor omits key documents? I have reserved a Direct Access Barrister who is assisting me in drafting the S25 statement.

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