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Legal matters

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FDR - Divorce

16 replies

menopausemad · 15/06/2010 09:05

I attended FDR with a friend.

Spousal and division of pension not agreed. Division of capital agreed and to take place over next couple of weeks.

Feel worried that she is not being adequately represented. Am very worried that H will spend capital he has (buy a house etc with new partner) and thus prevent capitalization of maintenance for friend. She needs this for many reasons including poor mental health.

So, is it possible to decline to agree to something agreed in front of Judge at FDR? Is it possible for her to get second opinion legal advice (possibly change sols and barrister) prior to Final Hearing in a few months?

I am reluctant to give more details (indeed am concerned about the amount I have posted) but I am very worried.

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mumoverseas · 15/06/2010 10:21

so are you saying that 'heads of agreement' reached at FDR but only in relation to capital? If it is potentially a Duxbury case (capitalised maintenance) I'm suprised the DJ agreed to division of capital. Sounds very odd.
Not clear whether she is actually represented at the moment by a Solicitor or whether you went as a McKenzie friend?

Will be back later, just doing a quick one handed post with sleeping baby on lap but think more details required before you can get a more sensible answer

menopausemad · 15/06/2010 10:53

She was represented by a solicitor and barrister as was other side. Three main areas discussed: pension, spousal maintenance and liquid capital. Agreement at end of very long day was reached for 50/50 liquid assets, acturial report to be obtained re pension.

No common ground re spousal.

OP posts:
menopausemad · 15/06/2010 10:53

She was represented by a solicitor and barrister as was other side. Three main areas discussed: pension, spousal maintenance and liquid capital. Agreement at end of very long day was reached for 50/50 liquid assets, acturial report to be obtained re pension.

No common ground re spousal.

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menopausemad · 15/06/2010 17:08

Any help? Perhaps we should see if another sol would review case?

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menopausemad · 15/06/2010 21:54

Please. If anyone can advise. I am so very worried about this.

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babybarrister · 15/06/2010 22:08

This reply has been deleted

Message withdrawn at poster's request.

babybarrister · 15/06/2010 22:08

This reply has been deleted

Message withdrawn at poster's request.

menopausemad · 15/06/2010 23:34

It is original sols who advised this (temporarily) partial agreement. I am worried he will spend money eg on a house and then have insuficent to capitalise spousal.

Sorry about typing/spelling using phone!

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menopausemad · 16/06/2010 21:27

Begining to wonder if people are reluctant to comment about such matters on a legal problem like this. I am turning on cat in case someone would help off this public board. I hope so.

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babybarrister · 16/06/2010 22:37

This reply has been deleted

Message withdrawn at poster's request.

mumoverseas · 17/06/2010 05:50

exactly BB that was why I used to spend several hours preparing my brief to counsel for counsels opinion. A little more information required than a few vague lines on a post here.

I do have to say I'm quite surprised that an agreement appears to have been reached in only certain areas if they seem to think it is a Duxbury case. Sounds odd.

Long old time since I've argued Xydias

menopausemad · 17/06/2010 08:01

So all ths aside. It was agreed to spilt capital over next few weeks. Can this be stopped or does it have happen?

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babybarrister · 17/06/2010 10:50

This reply has been deleted

Message withdrawn at poster's request.

mumoverseas · 17/06/2010 10:51

It depends on the wording of the 'order'. Impossible to say without having that information

mumoverseas · 17/06/2010 10:52

ooh, x-post with BB

menopausemad · 17/06/2010 13:19

Friends solicitor returns next week. Wil just have to wait and see what the paperwork says I guess. Thanks fir trying to help.

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