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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.


Ex''s family is giving him free legal advice

  • hollytree
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13 Jun 12 #336504 by hollytree
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  • fairylandtime
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13 Jun 12 #336538 by fairylandtime
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Heck holly tree

Just a tiny little bit of a conflict of interest here- sorry to be cynical but:

£10k legal costs to your x''s sister''s firm, ie not only are you separating from their "brother" they are profiting from it to boot!

As you say I don''t think you can complain as it will make it very difficult for you with x / contact etc - but I would change sols pronto. Sorrry but blood is usually thicker than water & I know there is a code of conduct & I don''t know your history (in giving reason why the bills) but it all smells a bit fishy to me.

Plus the assets you brought do these outlay the legal bills? There comes a point when you have to give up fighting & just take the easier / cheaper route ( not always advisable I know - only you know the ans to that)

Defo change sols, they will be giving him advice & no to the sale of the house to them IMO unless you get totally "independent" advice that states otherwise.

Good luck JJx

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13 Jun 12 #336539 by hollytree
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Thanks J...but my post was probably a bit confusing! I am using an entirely independent firm. You are right, blood is thicker than water, and I''m just so disappointed that someone could be so two faced. Is quite chilling and a lesson in humanity!

  • hadenoughnow
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13 Jun 12 #336541 by hadenoughnow
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hollytree

I am no expert on Scottish Law .. but we have some wikis who are. However it is my understanding that in Scotland it is only the assets of the marriage (not pre marriage or post separation) that are in the pot for division.

Hadenoughnow

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13 Jun 12 #336543 by fairylandtime
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Thank goodness for that!

You will fid through this journey that not only is blood thicker than water & hence perhaps a reson for being a bit two faced (if there could be one). But friends (or who you thought were friends) are the same - all very hurtful & confusing.

I would not do anything at the moment re the huse unless you have to, & if you do sell then with independent advice.

Why is your x stalling so much, money? Or just because he can (think that was my x''s reason - he instigated the split / divorce but then took 2.5 years of me chasing him as the respondent before it all got sorted)!!

JJx

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13 Jun 12 #336554 by hollytree
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Thanks very much JJ and Hadenoughnow...it is a horrible journey isn''t it? And it sounds like it goes on forever!!! We are a year down the line now and no further forward on the Separation Agreement. I can see me chasing him for the next couple of years too. I''m getting good legal advice re the pre marital assets and the house sale. He is stalling I think, because he puts off doing things, he has been busy, is concentrating on his new relationship, was waiting for his bro and sis to get back to him...but most of all, the money! x

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