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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.


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What to do

  • Angel557
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01 Feb 08 #12528 by Angel557
Topic started by Angel557
I have'nt had much faith in my sol and can't change as i was told legal aid would look at my merits.We have our repeat FDR next month, he is claiming to be living with a friend of a friend i have proof of the tenancy and a letter from the said friend to say he is not living there.His new form E where he has started a new company still as a sub contractor he has not shown his buisness bank accounts he did with his first form E ( old companey bank accounts) but not this time round his earnings have dropped considerly, why has the sol not asked for the buisness bank accounts how can it be a full and frank disclosure if he has'nt had to supply this , he has not been asked of spending large sums ,he also has shown a new bank account and it shows he has lived on £40 in 3 months which is impossible, do i go back to my sol or do i ask the barrister whom i have faith in to bring it up.What do i do with this proof of where he lives let the sol know or give it to the barrister at the FDR ?

  • gone1
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01 Feb 08 #12529 by gone1
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Angel. AFAIK the barister is just a mouthpiece. They are good at arguing. They take the lead from the solicitor. The sol should know all about your case. You should be having some input on disclosure. Demand it. Remember client instructs and solicitor acts on the instructions. Just becuase you are LA doesent mean you get a second rate service. Chris

  • Josh2008
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01 Feb 08 #12534 by Josh2008
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Angel

You need to have faith in your solicitor because he/she is your only help in trying to pursue your claim try and get back into a working relationship with him/her and remember they are working for you despite legal assistance

Provide your solicitor with the proof of tenancy you have and any other information like the letter from your friend to support your claim

I see a problem with the form E, as he has set up a new company he does not have to officially provide company accounts for up to two years, but he should be able to provide interim accounts to support his income and outgoings, (I suspect though that even if he did this, it would be whitewashed over)

Full and frank disclosure is only what someone puts forward and they may well leave out things that cannot be tracked down

Write down your concerns and list them independently to your solicitor and do so well before the FDR, shown each concern by numbering it and ask your solicitor to enquire on each item and to ensure that all the items are asked of your ex in court or prior to the hearing.

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