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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.

 

Court of protection

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03 Oct 15 #467610 by worriedwitless
Topic started by worriedwitless
Is it advisable to represent yourself at the court of protection? I ask not only for financial reasons but also because of the dreadful hash of it the divorce lawyers made, evidence lost, paperwork all over the place. Ex is employing the best legal bods in town, this time funded by legal aid! Obviously I''m concerned about being eaten alive but on the other hand would like the opportunity to make sure a judge sees the evidence that mysteriously disappeared at divorce hearings as well as new witness evidence of abuse.

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05 Oct 15 #467644 by LittleMrMike
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I don''t understand your reference to the Court of Protection.

It''s not a '' court '' in the sense that it''s not a tribunal established to resolve disputes.

It''s a mechanism for dealing with the affairs of people who, by reason of mental or physical infirmity, are unable to look after themselves. Some person, usually a close relative, is appointed to manage the affairs of the patient.

Nothing to do with divorce.

If you suspect that a witness is telling untruths, it is your responsibility to substantiate that claim with evidence.

LMM

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05 Oct 15 #467666 by worriedwitless
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My divorce involved a person who lacked mental capacity, hence ex trying to achieve his wishes through COP, expecting the usual lies and just wanted to know if it''s advisable to represent myself, ex should not in the face of it got public funding as he is in a better financial situation than I am.

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05 Oct 15 #467678 by LittleMrMike
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My understanding is that if a person lacks mental capacity to conduct a case, it is necessary to appoint someone to conduct the case on his/her behalf.

My ex wife was certainly mentally incapable and her sister conducted the divorce and financial negotiations.

But it''s not the CP which decides the case, it''s the normal courts.

LMM

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