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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 adjournment

  • Mumin
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17 Jan 24 #522305 by Mumin
Topic started by Mumin
Hello,I have a final hearing in four weeks, but my ex-partner has failed to disclose several assets and valuations and is refusing to provide this information. Can I apply for an adjournment, citing this reason? Will the court consider it a valid ground for adjournment?How early can i submit Form D11?
Thank you

  • hadenoughnow
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18 Jan 24 #522310 by hadenoughnow
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What efforts have been made to get disclosure? Has it been ordered by the court at FDA or FDR? Was a deadline given and missed? If yes you need a D11 application for enforcement and adjournment. The Final Hearing date could be kept as a directions hearing date.
If the assets in question have not been subject to an order, you will need to ask the court (via D11 and adjournment) to order disclosure and have a good reason why this is only now being raised. A lot will depend on whether the assets in question are of sufficient value to make a difference to settlement.
Perhaps you would elaborate?

Hadenoughnow

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19 Jan 24 #522318 by Mumin
Reply from Mumin
Thank you Hadenoughnow.
I appreciate your response. The Family Dispute Resolution (FDR) process has been quite challenging for me. Unfortunately, my solicitor only became aware FDR appointment 10 days before and neglected many things while preparing for FDR hearing. To complicate matters further, my solicitor did not attend, and the Barrister overseeing the case missed several crucial points that should have been raised during the FDR. Consequently, the case has now progressed to the final hearing..

These were raised in schedule of deficiencies.
The assets are causing issues because my ex-partner is not being straightforward in the questionnaire. They either provided incorrect values or avoided answering, claiming it's unnecessary. Some examples include not disclosing an 80K credit card expenditure, stating 1M shares in a company are negligible, giving incorrect valuations for watches and jewellery, and refusing to agree on extending a property lease.
I am LIP and he is represented by a firm .He wont answer any of these unless judge orders them.

Can I attach my explanation to form D11 and ask for the hearing to be turned as a direction hearing than a final hearing.becasue there is no section in form D11vwhere i can explain my situation.

How far in advance of the final hearing should I submit an application for an adjournment?

Thank you.

  • hadenoughnow
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21 Jan 24 - 21 Jan 24 #522320 by hadenoughnow
Reply from hadenoughnow
You have scope to attach a supporting statement to the D11. This can set out your reasons for the application and support the directions you are asking for.
Attach evidence (if you have it) of undeclared assets.
You also need to attach the schedule of deficiencies and his responses to show he has failed to comply.
Your application should go in ASAP.

Hadenoughnow
Last edit: 21 Jan 24 by hadenoughnow.

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28 Jan 24 #522430 by Mumin
Reply from Mumin
Hadenoughnow,
Can I state in section 3 of form D11 " Enforcement order along with adjournment'' Or "directions hearing instead of final hearing"?
Along with supporting evidence and draft document.Is there any limit to size of the draft?
Thank you

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29 Jan 24 #522437 by hadenoughnow
Reply from hadenoughnow
You are looking to adjourn FH on the basis that you do not have full financial disclosure. I think you could ask for it to be substituted with a pre trial review and directions.

Are you seeking a response to the schedule of deficiencies and independent valuations of specific assets which you will list?

You need to be succinct and specific.

Hadenoughnow

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