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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.

 

Litigation Friend

  • Jane2014
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01 Sep 15 #466172 by Jane2014
Topic started by Jane2014
Hi

Could anyone answer a query I have.

I attended Court and I could not get my Barrister to take my instructions as to what I believed was a fair deal as advised by 4 legal advisors. I sufferred trauma as advised in my medical would happen when people bully me. She advised I needed a litigation friend if I asked for an adjournment.

I did however sign the Consent Order as I become compliant when traumatised. However the Judge did not approve the consent order and adjourned.

I applied for a Litigation Friend for the next hearing but was refused so had to self represent! I got costs against me as my Barrister should have sorted everything out at the final hearing and should of advised me not to sign!!!!!!(judge said this). The order was unlawful which my Barrister denied at the time.

What is worrying me still! Is everyone has such different views on laws and what is fair and my trauma is severe as I cannot do anything without getting in trouble.

I have to sell the MH. However the money I was awarded is not at present enough to buy a property. If I do get a buyer do I have to sell if their are no properties to buy. Estate Agent advised something for me would come on to market eventually. I cannot rent as this would reduce my capital. I do not work because of trauma. I am scared witless that I make a wrong decision and get taken back to court and will have to pay costs and scared of being homeless if I do sell. There were plenty of assets but my Barrister said I did not "need" them.

I am so very scared and do not know which way to turn . Can anyone help please.

  • rubytuesday
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01 Sep 15 #466176 by rubytuesday
Reply from rubytuesday
Jane,

Have you ever taken all the paperwork, documents, etc to an experienced family law solicitor and discussed with them your situation? I''ve said before that that is the best advice I can give you. Using here and the CAB and the odd 30 min free appointment is great as a starting point, but when a case is complex, proper legal advice is required.

  • Jane2014
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01 Sep 15 #466179 by Jane2014
Reply from Jane2014
Hi thanks for reply.

Yes I have and only advised to go down the route of an appeal.

All I am really wanting to know is regarding do I have to sell MH if I cant buy anywhere and therefore would make myself homeless. No doubt answer is yes but need it confrmed before I do.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

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This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


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