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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.

 

Property Valuation

  • Goji
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28 Oct 22 #520143 by Goji
Topic started by Goji
Hi,

I am the respondent in case, my ex husband is the applicant.
He is with solicitors and I am litigant in person. I had a solicitor early on in the application, however, my ex long drawn out communications re: his own opinions other than focusing on the financial and divorce proceedings, caused me to loose the money I had set aside for legal assistance. I have since remained litigant in person for the most part from 2021 to date.

I suffer from mental health issues, and continue to struggle, as well as Fibromyalgia.

I have an FDR hearing early next week, which I was unaware of until 2 weeks prior due my emails being breached.
I have spoke to my GP and have a supported GP letter to request to vacate/adjourn the hearing, until I can mentally stabilise myself and obtain legal advise.

The application has been sent to the court, however, I am yet to hear from them - I have been calling frequently, but there seems no way for me to get to that local court to stress the urgency.
I have also followed up with emails - subject urgent and vacate hearing - still no response and its been 7+ days.

1. Is there anything further I can do here? Iv'e tried 7 telephone numbers; all to no avail? I'm highly stressed, the date is 2nd November.
2. The other side are not in agreement to adjourn and want to continue with the FDR set, despite me attaching my GP letter; plus I have listed directions and dates for me to meet once stable, which includes the financial bundle too.
I also welcomed proposals for consideration, yet there has been none. I again went to suggest to save legal costs and burdens, perhaps mediation to help 'iron' out ongoing matters - in all cases of my suggestions, my EX continues to disagree.
They have threatened me by saying, to make the FDR effective use of resource, if I don't agree to my ex partners valuation report (which under values the FMH by £150k+), that they would look to put me on notice of his legal costs should I continue to request to adjourn.

Can they do this?
How do judges view how both parties are handling matters given whats mentioned?
I see the FDR as non-effective given the above (I do not have my financial bundle up to date and no agreed valuation of the property).
I feel its an excuse for my EX to try intimidate me and con me out financially, as he has been trying hard at.
There has been DV in our marriage and few police reports recorded.

(i) We are not in agreement to property valuation - I have provided 3 from estate agents, but other side refuse to use these.
(ii) I cannot agree to the undervaluation which my EX conducted from outside the property (non credible).
(iii) We have had to agree to go to a independent surveyor - but I don't feel this was needed step until further down the line. nevertheless, agreed to get this down. Given element of DV, I don't want the report to include photo's of the house, as this makes me feel very uncomfortable in terms of needing privacy from my EX. Can I be penalised if I don't want to agree to photos included within the report? Can they push for this via Consent Orders? This is a real sticking point. There has been controlling and cohesive behaviour from my EX in and out of the marriage and I find it so difficult and don't agree to this being included. My EX continues to push for this in the report - what are my legal options here?

I would really appreciate if someone ca pls advise me - i'm feeling so overwhlemed and intimidated by my ex and his team of legal reps.

Thank you,

  • hadenoughnow
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30 Oct 22 #520156 by hadenoughnow
Reply from hadenoughnow
Is this the first or second hearing?
Have you asked his solicitor to agree to an adjournment? They should be copied in to any correspondence you have with the court.

If it is First Appointment the judge will give directions for a single joint expert valuation of the property. If it is FDR and the directions order has been made, it must be complied with. I don't think there's any need for the report to include images of the interior of the property.

If you have had FDA, the directions would have included listing for FDR although the exact date may not have been given.

For FDR to be fruitful, you need to have all the figures on which settlement will be based.

Perhaps you could clarify which hearing it is?

Hadenoughnow

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