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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 ?

  • amefbi
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08 Aug 12 #348302 by amefbi
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If you dont mind I will reapeat my question above again, as your post made me think and I believe its the answer you might want.

If a person is Selfrepping, dont have a solicitor, but Ex has solicitor as in your case...how can one then communicate, respond or whatever...if I feel I dont need a solicitor.

I have not petitioned yet and want to Selfrep but have to be fully informed about issues I have no clue of.
So please have patience with me as its all a learning experience to me.

  • Plane_Zach
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08 Aug 12 #348309 by Plane_Zach
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Amefbi,

In my case I work in the commercial world and studied Law at university so am not that phased by the legal mumbo jumbo, what I do lack is the knowledge of process and procedures that only a solicitor would be trained in.

In my separation there are really no issues and I did not want to rack up legal fees in the initial stages while the handbags are swung.

I drew up a schedule with all the information on matrimonial assets and sought the agreement of my ex - but the imbalance of £250k - was unexpected. So that is my story.


For you - if you don''t want to engage a solicitor - start reading.

This site has lots of useful links and while sometimes obtuse you can eventually work your way through.

That said I would not advise not having a Solicitor for the final stages.

Polite factual letters should get you through the initial stages in theory - but if the Solicitor wont engage - you end up in the same position as myself.

Good luck

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09 Aug 12 #348340 by amefbi
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Thx PlaneZach

I have no clue about the UK laws and divorce as Im from abroad, and its only when I found this site about 4 weeks ago, that I have gained knowledge.

So grateful for the experts and support on this site and. I Dont have money to rack up costs and only about 3 days ago thought of the Selfrep..and when I read your post,made me think what will happen. I am still asking weird and strange questions but will get there.

My thoughts are if I cant afford a solicitor, how can other party force me te get one..if I am prepared to do this on my own..as mine should be straightforward case but I wont do this alone if huge amounts money in the pot is involved.

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09 Aug 12 #348370 by cookie2
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The other party cannot force you to get a solicitor. At this stage (out of court negotiation), anything goes. Sure they can refuse to deal with an LIP if they want, but that is not very productive and not in the interests of their client. So I do not think any solicitor would do this as a matter of course. Solicitors are well used to dealing with LIPs and in fact probably relish the idea, like taking candy from a baby.

If their client says "do not deal with my ex directly, I only want you to communicate with a solicitor" then they would probably advise the client that that is a really bad idea, and a one-way road to a huge costs bill. But if the client insisted then I think they would follow those instructions.

If the solicitor is refusing to deal with you as an LIP then I would apply to court. They cannot FORCE you to get a solicitor and they cannot refuse the court process. They will have to deal with you as an LIP in court instead of an LIP in voluntary negotiations. Maybe this is what they want all along, who knows... but if they did then surely they would have applied to court.

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09 Aug 12 #348382 by amefbi
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Thx Cookie2, this clarifies it for me.

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09 Aug 12 #348528 by leanng
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i have exactly same problem. i had instructed a solicitor to sort out finances, spent £5500 thinking we had reached an agreement when it emerged my ex''s solicitor and himself had parted company.
i have not got the money to start all over again with his new solicitor so have put it in court myself. At least this way, my ex cannot avoid having to settle. his new solicitor have been so rude, i have received nothing to state they are acting for him and have put the phone down on me when i rang to ask what date they would be exchanging documentation.
i have decided to just email my ex, let him pass it to his solicitor, as he just ignores me and let them answer the court themselves.

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