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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.


financial settlement. Court order.

  • hovis
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23 Apr 12 #325860 by hovis
Topic started by hovis
I am now divorced and the Financial Settlement has been issued by the Court.

At court the outcome was settled between my solicitor and my Ex''s solicitor in front of a judge who made the final order.
I was not present in front of the judge.
I was under the impression from my solicitor that this hearing was the last attempt at an amicable settlement, before a final court hearing.

My solicitor had me running around like a headless chicken for information to put in my file to present to the judge. Non of this eveidence was shown.
I was in a very low place and had taken an overdose becaue of the stress of this divorce.
I was in no fit state to think straight and indeed in court I had a small meltdown. My solicitor advised me to go outside to calm down.
When I came back in she said that the judge had made an order to settle, which i strongly opposed, but she badgered me into signing the order.
I did complain to her company but got nowhere.
I tried to appeal but she said it was too late.
I have lost everything because of this solicitor and I am trying to abide by the ruling but it is impossible to do.
I am unemployed and in debt to almost everyone i know and cannot complete this order. The solicitor in question has now left the company and i have a new one, but i cannot make her understand that i cannot deal with this court order. My ex and his solicitor are hounding me daily and he is still trying to take more from me. they are threatning to take it back to court and charge me for more costs i will not be able to pay.

  • LittleMrMike
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24 Apr 12 #326124 by LittleMrMike
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Sounds like the hearing was a FDR, and if I am right in thinking so, then yes, if you cannot settle at this stage, then the only way to resolve it is a Final Hearing and that, as you know, means more expense.

It is very hard to comment on what you say, simply because I do not have the details. You don''t have to settle on the day of the FDR, and I think in this situation I might want time to reflect before agreeing anything ; after all what is agreed now will have an effect on your life, for better or for worse, for a long time, and these decisions should not be rushed.

You should not be landed with an order that you cannot comply with but your difficulty is that you were legally represented and you consented to the order through your legal representative. You can''t appeal an order if you consented to it, for obvious reasons.

It might be worth asking the Legal Services Ombudsman for a view.

LMM

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24 Apr 12 #326156 by hovis
Reply from hovis
thank you.
I know it was a long shot, but worth asking.
I will seek advise from the LSO, but i think I will just have to accept I have been let down badly by my solicitor and conned out of my lifes work by my so called greedy Turkish husband, I know same old story!! my own fault I know.x thaks again

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