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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.

 

How long it actually takes - survey request

  • mishka
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07 Jan 15 #453180 by mishka
Reply from mishka
WhiteRose wrote:

Also MPS applications don''t come cheap - thought they are around £3k.


Self repping and no extra charge for D11 if submitted at the same time as Form A.

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07 Jan 15 #453182 by Fiona
Reply from Fiona
The problem is the general court rule that the unsuccessful party pays the costs of the successful party applies to MPS. That means even if you represent yourself you could be ordered to pay your husband''s legal costs if you lose. Sometimes people lose because of a technically. So self representing can be a false economy.

If you can''t raise the funds any other way and your husband has resources it may be possible to get a Legal Services Order for him to pay for you to have a solicitor. Some solicitors offer a first free appointment so you can find out about the process and whether you want to engage them. Although you won''t get much in the way of free advice it maybe worth at least finding out whether a Legal Services Order is appropriate in your circumstances.

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07 Jan 15 #453189 by mishka
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I have zero assets (negative now as debt builds up) and no income with none likely in the next 3-4 months minimum.

Spouse, a lawyer, who has hired an expensive financial specialist solicitor, has a well paid job and is living in a house with no mortgage and a fully owned car so that''s two usually major expenses which are zero. From that respect it''s fairly clear cut.

The risk of falling foul of a technicality is, I would have thought, very high for a LiP, so that''s something else I can add to my list of things to worry about.

Incidentally, I''m the husband, it''s not only men who behave unreasonably. My Spouse executed a clearly premeditated plan to empty the bank accounts at the precise moment when I had lost my job and we had just sold our house so all assets were in cash.

I have had my free hour with several different family lawyers all of whom have said "She can''t do that" (which is obviously incorrect, since it''s done) and without exception will not work on account. With no assets and no job I can''t get a loan, I''m depending on goodwill and generosity of friends and family whilst trying to find work and whenever my wife doesn''t change her mind at the last moment (frequent occurance) see my children. If of course I can borrow more money to get the train and bus to where they live. I don''t qualify for any benefits so don''t even have that backstop. I was hoping MPS offered a temporary solution but it seems not.

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07 Jan 15 #453190 by Fiona
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Sorry, I was mistaken about your gender, I know neither sex has the monopoly when it comes to bad behaviour. Nonetheless what I said applies to either gender. MPS is a temporary solution and stand alone applications tend to be heard more quickly than waiting for the first appointment, but the difference is usually just a couple of weeks.

So if the courts in your area are clogged up with litigants in person because cases involving unrepresented parties are taking longer and there is backlog after Christmas and New Year you could be looking at 6 weeks instead of 8 weeks.

The technicality issue is a difficult one. It shouldn''t be a problem if you research properly and are methodical producing documentary evidence.

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