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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.


barrister costs seem high

  • muchtoomuch
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24 Jul 09 #133590 by muchtoomuch
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Im not happy alot of mistakes has been made in the Consent Orders .i had a right go at the barrister and he seemed worried about what i was saying and told me to take it up with sols .

i SAID " Who drew up our order" he said he did
well i knew that so i then said "im directing my questions at the right person ".

He was trying to get hold of my sols to get him to ring me but he never did while at court.

When i got back i was so upset and in tears he rang at 9pm but i got someone to say i was too upset to speak .

Not spoke to him since.

Trying to write a letter with all my concerns just scared if i upset him and my sbex dont pay me a lump sum on order he might not represent me and im nearly their .

Its already been 3 years of hell.
Want it all over.

  • .Charles
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24 Jul 09 #133609 by .Charles
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The main issue here is how were the monies spent? You should put your solicitors on notice that they have failed to provide itemised bills as requested and that you demand that these be delivered within 14 days or you will report them to the SRMS (Solicitors Regulation Authority) for inaqueate professional service.

There are a few options available to you but the first things your need to do are:

(1) Get breakdowns of all bills from your solicitor

(2) Get copies of invoices for parties instructed on your behalf (such as barristers)

(3) Check the terms and conditions set out by your solicitor at the start of the case to ensure they have not increased the hourly rates without notice to you.

(4) Check the costs estimates given to you at the start of the case and during the course of the case. If the estimates were exceeded but were not increased your solicitor will be on a sticky wicket.

If you have difficulties post back here for further guidance.

Charles

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24 Jul 09 #133629 by muchtoomuch
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Thanks Charles

I will put them requests in my letter of complaint .

I never once got a cost order just bills and he would ring me up before a court day saying he wanted 3k or 4k upfront.

The only thing i was ever told up front was at the very begining when i first instructed him when he said it would cost about 10k and that i would be divorce within 6 months and financial side be finished within 9 months that was beginind of jan 2007. YEAH RIGHT!! I WISH !Also sugesting i would get about 95% of assets .Ha Ha i got less than 50%. Think he saw me coming.:unsure:

He also said as his mother has no documents or anything to suggest she owns our villa and as deeds were in mine and sbex name ,his game wont work.;)

ha ha really ????:lol:


Then my sbex paid for a solicitor to act for his mother :huh:her sols sent a letter to ask for a request to intervine and my sols let them come to the first appointment even though she had nothing to show evident of her ownership.:unsure:

Then the whole crazy court show started costing me the £1000s .:angry:I still cant believe it, surely she should of had a document or trust deed or something?????? .The first Judge looked somewhat confused and requested she showed some form of document but obviously she never did show nothing cause she had nothing cause it was never hers.:angry:

At the time i thought that be the end of it but court cases started and cross examining went on its way, which was awful in its self, dont know how anyone could put their own mother through it.When it got to sbex is turn on stand his barrister was ill so when we were in court he tried to settle and negotiations started to result in Consent Orders drafted.

But he got away with it he knew if he went on stand he would look stupid cause his statements and form E and loads of other things never added up !:angry:

Plus he was paying his mothers sols to take us both to court.So technically paying for someone to take himself to court!:silly:

Oh well cant keep beating myself up about our law system but i do want answers from my sols.

Sorry to rant i just cant believe it!!!!!:angry::angry::angry:

How long do i have to request these itermised bills ?

Things on Consent Order still need to be implemented .
At present still waiting for ex to pay lump sum to my conveyance sols so i can reduce my mortgage to get him off it.

I have never had proof of sum so not sure if he has got it .So could be going back to court yet.So might still need sols!

Any advise appreciated many thanks x

m2m:unsure:

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27 Jul 09 #134195 by .Charles
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There are various time limits to question the amount of the bills raised. However, if the overall costs estimates were wildly inaccurate you can question the overall costs charged regardless of when the bills were sent to you. You are in a better position if you have not paid the bills although you need to request details within one month or you may get sued by your solicitor.

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