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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.


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27 Oct 11 #294818 by acfair
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No what I mean is that she didn't tell me she was going to court, she sent a junior and she didnt ask me for the correct paperwork as a result I wasnt awarded costs up to that date and I still have to pay his costs up to that date as well as subsequent costs to present day.

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27 Oct 11 #294822 by acfair
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Can I ask for my ex-partner's costs to be looked at because they made a mistake putting the wrong pleadings into court.I have to pay his costs although he wanted 50/50 of the house and immediate sale - he only got 30% so does that mean I don't have to pay 100% of his costs?

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27 Oct 11 #294857 by .Charles
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You've lost me. How did you manage to end up paying your ex's costs?

Charles

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28 Oct 11 #294941 by acfair
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They asked for an offer on the first day of the final hearing - I offered up to £25,000 and they said they wanted £41,500 plus costs (which were £16,500). I said no so the hearing commenced.

So on Monday the Judgement is being handed down - 2 hours hearing. My solicitor doesnt think there is any leeway on the costs and that I will have to pay his costs because he won 30% share of my house.

Would appreciate any advice you can give me as I can't think straight any more. I am off work with stress related to this case and the contact case - both of which he has had legal aid for.

His costs are around £16,500 for the finance case and well more for the contact case (as it was has 14 court hearings) and he seems to be trying to avoid paying his legal aid by his tactics in court.

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28 Oct 11 #294968 by jonathancj
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Costs orders are very hard to get these days. Even more so in Children Act proceedings. How much does 30% work out at? How does it compare with any open offers he made much earlier in the proceedings?

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28 Oct 11 #294970 by hadenoughnow
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acfair

As I recall, you were not married so this is not a straightforward divorce/AR case.

I am a bit unclear as to the order of things and the amounts involved.

You say he "won" 30% of your house ... is this 30% of the existing equity? How much does this equate to in cash?

You say they wanted 50% and mention 41,500. Does that mean the house equity is 93k? And his share is 27,900? That does not seem very far off your offer to me. It would seem very unfair for you to be landed with 16.5k of costs for the sake of a difference of less than 3k. Hopefully Charles will be able to clarify the position?

What is the judgement being handed down on Monday? Does this relate purely to the costs? Or is it the full judgement from the whole finance case?

Has the judge indicated that costs will be awarded against you?

Hadenoughnow

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28 Oct 11 #294977 by acfair
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The equity in the house is £129,000 and his 30% share of that is £37,500.

His legal representation (barrister and solicitor) ambushed me on Monday when I went for the contact case at which I am self representing to get the hearing for the finance case sorted there and then. The Judge handed down the Judgement on Wednesday and set down Monday for a 2 hour hearing and said the only remaining issue, in addition to the submission of costs, is to how that interest should be realised.

My ex's solicitors are asking for the costs to be paid by me.

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