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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.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


Costs

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25 Jun 09 #126561 by D L
Reply from D L
PP wrote:

2. A detailed assessment should nto cost you anything. What you are asking for is an itemised bill. Lawyers will provide this if requested.


That isnt correct Perry. A detailed assessment is the judge assessing the bill. It involves a costs draftsman drafting an detailed and itemised bill of costs, and involves a hearing. If the person wanting the assessment does not succeed in having the bill taxed down, he or she pays the costs of the assessment. A summary assessment is where a judge assesses the costs from a schedule drafted by the lawyer, and usually takes place at the end of a hearing if both parties agree and want to save the additional costs of detailed assessment.

Amanda

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25 Jun 09 #126576 by perrypower
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Thanks Amanda, I stand corrected regarding the detailed assessment, what I should have said was:

A detailed assessment should not cost you anything because once you get a detailed bill and study it you will realise that it would be a fruitless effort to contest the costs.

And of course I did say, "if you dispute the bill you will either win and pay say £1,100 or lose in which case you will pay £1,300 plus the costs of the additional work (beyond a detailed bill).
"

I was wondering however how often people are successful in assessment hearings Amanda? I go into detail on every bill I get from laywers (I insist on time sheets being provided) and have never yet had a request for a bill reduction refused. I wouldn't ask if I did not think it was appropriate. My collegues tell me that they have never been to a costs assessment hearing where the costs have not been reduced resulting in a no-win situation for all (after additional costs.) What is your experience?

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25 Jun 09 #126598 by D L
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I have little experience of costs Perry, it is a specialist area of its own, and it was my partner who was the costs barrister not me - my knowledge is a little above basic principles really from talking to him about his stuff. TBH the sols on the site are likely to be far more knowledgable as it is they who deal with it on a daily basis.

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