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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.


legal aid

  • fedup70
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23 Apr 12 #325868 by fedup70
Topic started by fedup70
How many times can legal aid be granted, stbx has applied for furthur funding because his first legal aid funding as run out?

  • .Charles
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23 Apr 12 #325949 by .Charles
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Run out? If the financial limit has been reached this can be extended subject to a test of whether this is reasonable or not.

A public funding certificate does not run out as such, it is either withdrawn, revoked, discharged or, as above, the financial limitation is reached.

There is nothing to prevent a new certificate from being issued (subject to a means test) or for an existing certificate from being extended or reactivated.

Charles

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23 Apr 12 #326110 by fedup70
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thankyou,do you know if legal aid aid has to be repaid back when finances have been sorted, he is more than likely to get a payout from me .

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24 Apr 12 #326142 by .Charles
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If he recovers or preserves (gets or keeps) money or assets, the Statutory Charge is almost certain to apply. This means that he will repay his legal fees up to and including the amount of value of the assets that he has recovered or preserved.

The Statutory Charge applies to all work under the public funding certificate which will include any issues relating to children issues as well as the cost of divorce if he received legal advice and assistance for this stage (if the costs are not recovered from another party i.e. you).

Charles

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24 Apr 12 #326237 by fedup70
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Thankyou Charles , you have certainly put my mind at ease .

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