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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 representation to self

  • Lizzzi
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02 Oct 12 #358928 by Lizzzi
Topic started by Lizzzi
I have a solicitor ''handling'' my divorce on legal aid, am I able to change this to doing it myself now as the paperwork has gone into court and I don''t get any response from e-mails I send or phone calls I make about the case. Paperwork went into court 3 weeks ago and I have heard nothing at all despite asking what is happening.

Thanks for any light anyone can shed.

  • LittleMrMike
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03 Oct 12 #359048 by LittleMrMike
Reply from LittleMrMike
You can always dispense with the services of a solicitor.

However before doing this I would recommend that you use your solicitors'' complaints procedure.

It just just be that the delays are with the Court and not with your solicitor, and if that is the case, changing solicitors won''t help.

LMM

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03 Oct 12 #359059 by Lizzzi
Reply from Lizzzi
Thanks for your reply LMM

I''m not thinking of changing solicitor, more of deal with it all myself instead.

Is it possible to do that now the process has started?

Thanks again

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03 Oct 12 #359070 by LittleMrMike
Reply from LittleMrMike
Yes, but if you are acting in person I think you have to notify the Court that you representing yourself.

LMM

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03 Oct 12 #359083 by dukey
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Quite right, if you do decide to act alone then you send court and the other side this.


IN THE XXXXX COUNTY COURT
Case Number:

BETWEEN


APPLICANT NAME
Applicant

and

RESPONDANT NAME Respondent


_____________________________________________________________________

NOTICE OF ACTING IN PERSON
_____________________________________________________________________


Take notice that I, XX am from this date forward acting in person. My address for service is ADDRESS.


Signed



Date :

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03 Oct 12 #359087 by Lizzzi
Reply from Lizzzi
Ok, so I can act for myself, I have just read that the consent form has to be completed by a solicitor for it to be legally binding.

We split in April, there are no finances to speak of, he has his pension but I don''t want any of it, I just want the divorce and a Clean Break. As there is nothing in terms of assets or finances to split, will I still need a Consent Order to get the clean break????

Am slightly confused as the consent order and clean break often seem to be interchangable terms for one another :(

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03 Oct 12 #359092 by LittleMrMike
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No, it does not have to be done by a solicitor for it to be legally binding.

However, Dukey and I spend a fair bit of our time on this site sorting out consent orders made without proper advice ( and sometimes even with it ! )

I''m all for people saving legal costs but doing it yourself can be a false economy. For simpler cases wiki provides a service that is cheaper than what you will get in the High Street.

LMM

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