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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.


Asked to pay ex's bill to agree settlement!

  • LisaW
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20 Nov 20 #514839 by LisaW
Topic started by LisaW
Hello all,

After 4 painful years of divorce procedure through Scottish courts, we are near the end. The ex to be is a high earner and the pension split has been the issue. Children have grown up and left, family home sold 8 years ago and split 50/50.

I have no assets (13 year old car) and over £10k worth of debts, mainly from solicitor fees. I have released my solicitor as I can no longer afford her services. I have managed to suggest a split and the ex has at last agreed (it is in the ex's favour), BUT, they want me to pay for part of the costs! I don't mind paying my part of the court fee but I can not afford the £1500. There is no evidence of the fees and I just don't have that money. This is the wording:

"would be seeking for an award of expenses or an earlier payment of those expenses to be made for the sum of £1,500 plus your share of the outlays for registering the Minute of Agreement of £22. If you are agreeable to making a payment towards those expenses our client is prepared to resolve matter on that basis."

Is this normal? So pleased to be near the end but this feels like another kick in the teeth. The ex will come out significantly better than I will.

Please can anyone offer any advice?

Thank you.

  • AlanPartridge
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01 Dec 20 #514950 by AlanPartridge
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so what exactly is the £1500 for - is it his legal bill? If so I wouldn't pay it - most divorces don't get cost awards, so I would push back, and if you have agreed less than a 50/50 split without good reason then even more so. Likely its his solicitor chancing their arm - in my experience they often do and take advantage of the fact they think they have an advantage. Al threats I received I rebuffed, politely, but firmly and never heard back on any of them...

  • .Charles
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02 Dec 20 #514954 by .Charles
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I didn't respond to this post previously as it is based in the Scottish Court which has different rules to those in England and Wales.

In England when the Decree Nisi is issued a costs order is issued if the petitioner applied for one and the court accepted that such an order is appropriate.

Once that order is made the respondent can seek reasonable costs from the petitioner.

The situation might be different in Scotland and I would seek advice from a Scottish lawyer about such matters.

Charles

  • LisaW
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02 Dec 20 #514957 by LisaW
Reply from LisaW
Thank you for your responses. In the end I've had to pay £1,000, otherwise they would knock the full amount off of the agreed pension split. The ex's solicitors have told me to get the draft minute of agreement checked legally, as they are working for their client, I've been quoted approx £500 for this. I am effectively paying my ex's solicitors to draw up the agreement and then having to pay a solicitor to check it is correct! I feel very frustrated that those that have money appear to have the upper hand in divorce. I feel they have me over a barrel and I have no choice.

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