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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

  • Eille1021
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01 Sep 12 #353190 by Eille1021
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My friend is divorcing and qualifies for legal aid. Her solicitor is dealing with financial matters but is reluctant to do any work regarding child contact which is problematic. My friend regards the child contact more urgent

Does legal aid cover all issues relating to divorce or is it the case that legal aid may only cover finances and this is why the solicitor won''t deal with child contact matters?

  • dukey
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01 Sep 12 #353216 by dukey
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Eille

When you get legal aid they send the solicitor certificates to a certain value, then renew when required, but they are also specific so the one she has for AR cannot be used for contact proceedings, the solicitor will have to make another application for that.

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01 Sep 12 #353287 by .Charles
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It is possible to amend a financial certificate to include Children Act issues but the Statutory Charge will apply to all costs incurred under the certificate. This means that all the legal fees will have to be repaid from the financial settlement. This is particularly worrying if the financial proceedings are simple and the children stuff complex.

I once saw a case where the finances cost around £2000 and the children stuff £24000 - the client had to pay all costs from the financial settlement.

Charles

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02 Sep 12 #353329 by dukey
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Are you sure Charles? twice in the last year or so ive talked with solicitors who insist a new application must be made, on both occasions it meant the wiki`s had to attend the first appointment without a solicitor.

I`d rather not call the LSC, life is to short and all that.

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02 Sep 12 #353418 by Eille1021
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Thank you very much Dukey and Charles !

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02 Sep 12 #353469 by .Charles
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dukey wrote:

Are you sure Charles? twice in the last year or so ive talked with solicitors who insist a new application must be made, on both occasions it meant the wiki`s had to attend the first appointment without a solicitor.

I`d rather not call the LSC, life is to short and all that.


I''m not totally sure - I''m a little out of touch with legal aid as my firm had to withdraw from it some time ago.

I guess it depends upon the level of funding as there was always Green Form, Assistance by was of representation (ABWOR) and legal aid which was replaced by legal advice and assistance, General Family Help, Legal Help at court (or something) and full legal aid.

What with all to the mucking about I wouldn''t be surprised if there had to be more than one certificate for each genre but I would wager that the stat charge will apply to all costs.

Come next April all will change yet again.

Charles

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