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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.

 

FDR worth maxing out credit cards.

  • Nearly over
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17 Jan 15 #453976 by Nearly over
Topic started by Nearly over
I''m on here a lot

I have self represented up to this point but the FDR is in March.
Ex agrees that a transfer of property for a Clean Break is how we should proceed but as. I cannot release him from the mortgage he wants the property sold. A best endeavour clause is not acceptable to him and for this reason alone he will not agree to settle.
I don''t work and I have a 6 and 7 year old.

The stress is causing me extreme problems and my mental health is suffering.

My ex has a solicitor and I''m finding everything very traumatic
My partner has witnessed just how badly I''m suffering and has offered to max out his credit card to get help with the fDR

I''ve been quoted £1200 and this is literally every penny we have
If we don''t settle at the FDR that''s it I''m back to self representation

My question is where is the money better spent the FDR
Or the final hearing

  • naziam
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18 Jan 15 #454026 by naziam
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I would wait for the FH as nothing happens at the FDR unless both sides agree.

  • Nearly over
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18 Jan 15 #454027 by Nearly over
Reply from Nearly over
I''ve made a decision I will seek some legal advice and spend a small amount but continue to self represent

I''ve been reading a lot about final hearings costing £30,000 ?
My ex is claiming he has paid a fixed fee (under £10,000) and this is everything included?

But exs solicitor was ordered to do the bundle
The exs solicitor argued about the cost
But the judge said that I wouldn''t know where to start so they must prepare the bundle

Does this mean that this fixed fee doesn''t cover everything?
He''s borrowed the money off his parents and do not believe they will pay for anything further.

Will the fixed fee only be up to represent up to the FDR?

  • Gillian48
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18 Jan 15 #454031 by Gillian48
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It''s difficult to say what the fixed fee was for every solicitor is different.
Mine have me an estimated cost up to £10k if it was straight forward up to £20k if there were complications we well exceeded £20k . They wrote to me on several occasions with up to date expenses.
In the bundle there will be a H1 which is a list of expenses - it tells you what has been paid and the amount owing.
If it goes to a FH costs could well exceed £10k if they haven''t already? I suppose only your ex will know the exact figures?

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18 Jan 15 #454033 by Nearly over
Reply from Nearly over
Is that all cases £10,000 + to get to a final hearing?


He hasn''t got that kind of money so maybe if I hold out he will settle at the FDR after all?

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18 Jan 15 #454034 by Gillian48
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No each solicitor is different - the first time I had a FH my total fees were £8k but the second time it was over £20k - it''s all down to the solicitors and their hourly rate etc...
I shouldn''t worry about what his fees and circumstances are or what he may or may not do - maybe he''ll get extra money from somewhere.?
I would just do what''s best for you and try and get through this ordeal.

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