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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.


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D81 fee

  • Delala
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20 Oct 20 #514532 by Delala
Topic started by Delala
Hello, I am processing divorce.

My solicitor has sent me the bill.

Before sending Consent Order, we need both parties D81 correction. My solicitor told me that she charge the fee to correct other party's wrong figures after receiving a payment.

However, I didn't know this bill until received the bill. So I enquiried this. Then, she told me I have to pay the fee for the work.

However, my question is why she didn't inform me first. Or why do I have to pay? Not other party.

Will I have right to refuse tge payment?

  • .Charles
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23 Oct 20 #514564 by .Charles
Reply from .Charles
Your instructions were no doubt to obtain a Consent Order. Your solicitor spotted errors which were corrected and for which she charged.

Now, if your solicitor spotted the errors she could have advised you of this (which would have added cost) and sought your instructions. What would your instructions have been?

Would you have instructed your solicitor to write to the other side (at a cost to you) asking them to correct their errors and your solicitor check the amendments upon receipt then submit to the court?

When you appoint a solicitor they stand in your shoes so they act in your best interests. On this occasion she saw the error, corrected it and moved along without incurring the expense of contacting you or contacting the other side (other than to say the error had been corrected) - that is the shortest and most cost-effective route to getting the job done. This is in your best interests.

As for who pays for the error - that is not your ex. The error was your ex's/ex's solicitor's fault and your solicitor caught and corrected it. The court has made no order for costs and you are not going to get one on the back of this issue.

So, in essence, there was a fault, you paid to correct it but it could have a whole lot more expensive had your solicitor raised it as an issue with you.

Charles

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