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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.

 

My first appearance in court.

  • Cazzy67
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14 Jun 17 #493328 by Cazzy67
Topic started by Cazzy67
So I turned up at court as a LIP with my sister whose an accountant, we were meet by a barrister that informed me that he was a barrister for my ex. He was a bit pompous and he obviously had never meet my ex. He had prepared a summary on behalf of my x. Which he informed us that he was giving to the judge. He made a point of saying that he knew the judge. He gave the summary to me also Together with my sister (my McKenzie friend ) looked through it, It stated that I was a qualified foot health professional, as well as my job as a nurse. (I no longer work as a foot health professional and had previous put his solicitor straight on this.matter). As I havnt practice for 3 years, as I could no longer afford the I insurance and I wasn't making enuf money. It also said that I asked my x to leave the family home which was also untrue. So we finally get called into court. During the wait I had googled the barrister who charges are 350-400 an hour I was shocked at the amount of money my ex was paying, particularly that they had already stated in an email to me that they were waiting for documents from the council re my x mother inlaws accommodation. That ex is living there currently while she.( his mother ) Is in a home and he is POW for his mothers finances which willl soon run out. So this was known before the court date. The summary that the barrister wrote also states that they were unable to proceed because of this matter. So this was known information why did they go ahead anyway? And let my ex pay for this when they knew they couldn't proceed? Not to mention the waste of time and stress on myself. In court his barrister did a lot of talking stating that they can't proceed. He went through questions i had complied for my ex to answer and got a few of them chucked out. However questions about money he had spent the previous year was allowed and my ex now needs to provide answers to some of the transactions as to where the funds were from a and what he spent the money on.£43,000 went into his account the year he moved out) when I struggled to buy myself a car to get to work. I asked the question about finances and stressed that I was concerned about how costs will be allocated since I was a LIP and was worried about possibly of having to pay half his legal costs. I was told by the judge that it will be decided at the end. My question is this :- will the fact that I raised the matter about financiers have any weight on the outcome?I felt that it was all rushed and we were quickly dismissed. I'm still worried about who will pay and feel my x was stupid to take it as far as hiring a barrister especially as he and solicitor knew I was a LIP !
All replies and thoughts on this welcome
Carolyn

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15 Jun 17 #493366 by crimsonlake
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He has certainly gone to great expense for an FDA and wonder why his solicitor would have advised this?
I would not worry about being liable for the other parties costs as I believe each party is liable to bear their own costs.

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15 Jun 17 #493372 by Under60
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My solicitor has advised me that I need a Barrister for first appointment. Maybe it's for when you are dealing with an awkward evil person? Found out today, he has got one too :blink:

  • julie321
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17 Jun 17 #493436 by julie321
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You don't need a barrister for FA. I had mine on Monday last and we were in court about 20 mins.
The judge just gives directions on what you have to do for FDR.
He also made it quite clear that you do not have to agree anything at FDR either but that not trying to come to an agreement can send costs spiralling if you are represented and it goes to FH
I will be representing myself again at FDR but may have representation if it goes to FH.
That is because the judge said we would be cross examined and I am not sure I am up to that.

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17 Jun 17 #493440 by Bubblegum11
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Under60 is not a LiP. She has instructed a solicitor. The solicitor can either appear in court themselves or instruct a barrister on your behalf. I expect the cost is not that dissimilar and barristers are specialist advocates. You certainly wouldn't want a barrister and your solicitor attending a FA, but your solicitor sending a barrister is perfectly reasonable. They would have made that decision on the basis of their own strengths and the complexity of your case.

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17 Jun 17 #493443 by Under60
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Yes I am a born coward, and never had anything to do with solicitors or courts in my life.
I initially went for the free consultation and she was so helpful and appeared to understand my situation and the terrible things that had happened, that after my initial escape, and when I was brave enough, I went back to see her for divorce and settlement advice.
She is damn expensive, but in my situation, I thought it was worth my savings to get something sorted sooner rather than later for the benefit of myself and my children. We just need a house to live in, and then I can cover the bills with part time work and tax credits.
It could have been so simple and sorted last summer, but as he thinks I shouldn't get anything this is the only route to go unfortunately.

  • Cazzy67
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17 Jun 17 #493446 by Cazzy67
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Awwww i feel your pain, I only want a 50/50 split and just want our children to stay in the former family home, such a shame that he can't see the bigger picture, i.e.put his children first. All the best with getting it sorted and u moving on

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