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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.


wat hapens if I cant afford costs

  • grafter
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19 Jun 12 #337698 by grafter
Topic started by grafter
Hi im new on this site but could realy do with somr advicr.
I was married for 20 years,and out of the blue my wife left me for another man.to cut a long story short.i am in family home paying morgage on my own and all bills etc.i work full time on a very modesy wage,i have my eldest son at home,and my daughter 3 days a week.i pay child suport for her.my ex has her own rented place with whom her partner lives.
She has filed for divorce,un reas brhaviour,and I have been told I have costs to pay,
I have been to hearing objecting to paying costs,
I am back at court in 2 weeks,but I cant afford these costs with my outgoings,
I was informrd that my wife is getting legal aid,but got no chance of discussing the matter of costs.is this fair,and wat are my chancrs of not paying costs.
Thanks

  • dukey
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19 Jun 12 #337706 by dukey
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Usually the best defense with costs is the simple fact you cannot afford to pay the costs,''it''s fairly unusual for a person publicly funded to seek costs, for the hearing it won''t do you any harm to take proof of income you bills as it were and a statement to show what you have in the bank.

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21 Jun 12 #338116 by dukey
Reply from dukey
Just to add what really should happen is the solicitor sends you a draft copy of the divorce application before sending it to court the aim of this is to prevent problems agreeing the divorce application and who pays the costs, this is the resolution recommendation, its not a rule though just a recommendation.

If your ex is publicly funded the costs will be much less than a fee earning solicitor usually about half so around £600, rather than go to court its best to try and agree something, maybe offer half.

If you have no money and can show you have none the judge wont order blood from a stone especially as she is not paying a penny for her solicitor.

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