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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.

 

Sealed order

  • Cathy1989
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25 Oct 22 #520127 by Cathy1989
Topic started by Cathy1989
Hi, please can someone help. I am the petitioner currently going through financial remedy, ex has a solicitor and I am self representing. Ex wanted to cancel first hearing and agree directions so I was happy to do this and go straight to an FDR. A sealed order was drawn up by the court with deadline dates for certain things. The first order which was responding to the questionnaire he was late for and this time he's so far over a week late valuating his second property. He's not taking it seriously in the slightest. What can I do? Thanks

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26 Oct 22 #520129 by .Charles
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The procedure to agree directions and vacate the FDA hearing is fairly new and unremarkable. Being able to agree directions is a positive sign.;

In relation to timescales, these have never been rigidly enforced in the family Court. Being a week late is not extreme and could be explained by a number of factors e.g. the valuer being busy, someone being off sick etc.

You should chase for the valuation and state that it is a week late and request confirmation that the delay will not jeopardise the effectiveness of the FDR. That will put a shot across their boughs.

If the valuation is not forthcoming, you can then indicate that an application to the Court for a penal notice might be necessary. This would compel your ex to comply with directions.

However, you need to reflect on the fact that so far there is a one week delay which is not serious if the hearing is in December but would be serious if the hearing was next week.

Charles

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