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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.


Need for a Solicitor ?

  • Plane_Zach
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08 Aug 12 #348225 by Plane_Zach
Topic started by Plane_Zach
:(

Can my Ex''s Solicitor just simply refuse to communicate with me until I appoint a Solicitor ?

If he can, does that not go against the spirit of being able to keep the process simple ?

If the solicitor refuses to communicate what should I do next ?

Do I write a complaint to the Law Society ?

:S

  • Fiona
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08 Aug 12 #348243 by Fiona
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No point complaining. The solicitor''s duty is to their client and they shouldn''t allow their bills to run unnecessarily answering correspondence. If it hasn''t already been suggested mediation might be worth a try.

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08 Aug 12 #348251 by amefbi
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If I am Selfrepping and Ex has a Solicitor, how does communication or correspondence work then?

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08 Aug 12 #348256 by cookie2
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Most likely in this scenario is that your STBX has not paid the solicitor''s bill. If the bill is not paid, the solicitor will not write or do any other work on their behalf. Simple as that.

They will of course not discuss this with you or tell you that is the reason - their bill is a confidential matter between them and their client.

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08 Aug 12 #348265 by Plane_Zach
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In this scenario we tried to reach an agreement but she found her pension was so large in relation to mine that it overshadowed all the other assets.

She tried to pass off an offer that cut the values to a ridiculously low value.

From that point I was referred to her solicitor, my letters to him are responded to by simply saying he recommends that I engage a solicitor so that he can deal with them.

This is an impasse - there must be a way forward.

How do you get a mediator involved ?

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08 Aug 12 #348276 by Fiona
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I''m not sure about not paying the bill. In Scotland (same as E&W) a solicitor''s duty is to act in the best interests of their clients but there is also a duty to the court and assisting with the administration of justice. They can''t take unfair advantage of a party litigant''s lack of legal knowledge and they are expected to assist in giving constructive guidance such as explaining court proceedings.

However, there''s a very fine line to tread and a party litigant is expected to be aware of the rules. A solicitor "must not sacrifice the interests of the client" and avoid unnecessary costs being "expended in dealing with misguided initiatives." The solicitor may refuse to assist if there is conflict with the client''s interests.

If you aren''t aware of the law with regard to pensions it may be you were arguing the wrong thing or it could be the solicitor cannot respond in a constructive way without sacrificing his clients interests.

As far as legislation in Scotland is concerned the value of the pension is the Cash Equivalent Value. In some circumstances it''s possible to argue this isn''t the true value but you need the evidence of an independent expert valuation. Once a value has been established the pension is apportioned by dividing the value of the pension fund by the number of years contributions were made and then multiplying that figure by the number of years contributions were made between the dates of marriage and separation.

You can self refer to mediation. Try Googling CALM Scotland.

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08 Aug 12 #348294 by Plane_Zach
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Fiona,

We have not got that far.

We had established matrimonial assets and had obtained CETV values for my multiple pots and my ex''s single pot.

I think she had had advice from the pension office of a lower value and had calculated on that value before she bolted - but on getting a formal CETV quote realised how big the gap was - her offer was before she took legal advice and was idiotically laughable.

I am now extremely well read in the valuations (and thank you for the pointers to some of the information) but this is not about sophistry or any other device to have an argument.

It is simply the solicitor will not engage - in what will be a very simple agreement - all the figures are vouched and apart from chattels the numbers are not in dispute.

He simply refuses to speak to me - both my letters have been answered with effectively tell me who your solicitor is and I will deal with them.

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