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Read our latest Financial Settlements guide (2021)

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 I need to Spend More on Legal Costs?

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MSA
Posted by
Junior Member

27 Apr 12 #326869 by MSA

Topic started by MSA

After a drawn out battle, I now have a court ratified Consent Order which amongst other things transfers the house to me once he has paid off the mortgage.

My solicitor is saying that I must pay for the legal aspects of the transfer but given I have already spent far more than I can afford (ex earns loads and I am unemployed), is this the case or can I get him to action it?

Many thanks to anyone who responds.

.Charles
Platinum Member

27 Apr 12 #326883 by .Charles

Reply from .Charles

If your solicitor charges by the hour then the work has to be paid for. If you agreed a fixed fee to include the implementation the work should be part of the fixed fee but I doubt that this is the case.

Charles

MSA
Posted by
Junior Member

28 Apr 12 #326970 by MSA

Reply from MSA

Hi Charles,

Thank you for your reply.

Yes I pay my solicitor by the hour but my concern is whether there is some rule that says that I (the petitioner) who is getting the house has to pay for my solicitor to carry out the transfer process (as opposed to my ex instructing his solicitor to transfer the house to me)?

Marianne

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