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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.

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A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Barrister at Final Hearing

  • Mumin
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22 Jan 24 #522335 by Mumin
Topic started by Mumin
Greetings,

I am LIP /Respondent/Stay home parentI'm seeking insights from individuals who have experienced representing themselves in a final hearing. I'm curious about the advantages of hiring a Barrister – specifically, how they can effectively represent one's share. My Barrister during the FDR didn't actively defend my case, merely responding to the judge's questions. This placed me at a significant disadvantage. I'm now unsure whether to hire a Barrister for the final hearing. Additionally, I'm concerned about potential financial losses if the final hearing is adjourned due to document issues.
Does they really negotiate and convince the judge for a better deal?


Really appreciate your help.

  • .Charles
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23 Jan 24 #522342 by .Charles
Reply from .Charles
The judge at the FDR id not there to 'hear' the case - only give a non-binding opinion. The purpose of the FDR is for the parties to negotiate and try to reach a settlement without the need to go to final hearing.

The final hearing on the other hand is a different kettle of fish. There will be examination and cross examination. If you are representing yourself you will have to cross examination your ex whilst your ex or their barrister will cross examine you.

Barristers are professional advocates and preparation for the final hearing will revolve around the law, case law, your specific details, realistic expectations and good advice.

I won't hesitate to say that you would be better served with a barrister at final hearing than by representing yourself.

Charles

  • hadenoughnow
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24 Jan 24 #522356 by hadenoughnow
Reply from hadenoughnow
I would agree with .Charles. You may want to consider the indication given by the judge at FDR very carefully.it is unusual for the outcome at Final Hearing to be very different. The s25 statement is a very important document as it sets out your needs which is what the judge will consider first.

Hadenoughnow

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24 Jan 24 #522358 by Mumin
Reply from Mumin
At FDR, the judge did'not consider many assets due to lack valuation.Do they calculate value of each and every
asset ,pension, shares, cash savings etc before coming to a conclusion.or they just dependent on S25 statements and rough calculations?
Can you please elaborate ?
Thank you

  • hadenoughnow
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24 Jan 24 #522359 by hadenoughnow
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What directions were given in respect of the assets and values? You may need leave of the court to obtain independent valuations if you do not agree with what the other side says about them. This may require an application if they weren't dealt with in the order at FDR. Really FDR could have been a directions hearing instead but you'd have needed an application for it to be so.

FDR should really only happen when there is full disclosure. The judge at FH will need evidence on which to base a decision. If you cannot get a firm valuation you need to provide evidence of the assets existence and their value to the best of your ability.

Hadenoughnow

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