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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.

 

Adjournment

  • s59
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17 May 16 #478345 by s59
Reply from s59
My opinion is that there is no such thing as "correct" advice in the legal world, it''s all just viewpoints, experience and probabilities., all thrown into the pot, stirred up by a subjective judge who will then spit out an unpalatable outcome of orders recitals and costs. You can have a cast iron case backed up by undeniable documented facts, and still get a judge who still rules against you. It''s like interviewing, you walk into the room and they look at you and make their mind up then reverse engineer the facts to suit their position. You could show a judge a £5 note and they could say "I find that you are holding a £10 note". That''s it - according to the law you have £10 and if you start arguing you''ll be in contempt of court! Sometimes being LiP protects you from the worst judicial excesses but often it doesn''t. You''ll never know whether you would have received a different outcome without barrister, it may have been the same, and being LiP doesn''t protect you from costs being awarded - this happened to me. The judge in you case used you having representation as the excuse for their actions, but I can confidently say that if you didn''t have representation they would have found a different excuse to reach the same conclusion. As the barristers say, "Sorry but law"! Best of luck to you.

  • Jane2014
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17 May 16 #478352 by Jane2014
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So far I have come across perils of any help and advice. Having paid for a barrister to give me good advice at a final hearing I get 5k costs because I should of stood up to her as her advice was incorrect. Had I been LIP the Judge advised he would not of approved the Consent Order, but as I was legally advised albeit incorrectly the consent order had to stand. Very difficult now as to determine who gives correct advice!

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