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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Is it wiser to pay now or later?

  • montana
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28 Jan 08 #12158 by montana
Topic started by montana
Can anyone advise me
I have so far just over 2k in sols fees. Sol is happy to wait for payment post divorce settlement. I cannot afford to pay now but could by credit card.

Is it wiser to pay now even if by credit card so one goes to court with this outstanding as a debt or should I wait until the court directs what the financial settlement should be and then clear my debts? Does the court take any of this into account?

Many Thanks

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29 Jan 08 #12303 by montana
Reply from montana
Hi
Can anyone offer advice, I am ansure what is the best way way forward?
Many Thanks
Montana

  • LittleMrMike
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30 Jan 08 #12310 by LittleMrMike
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The answer to your question, at least in theory , is that under rules introduced not all that long ago, is that it is incumbent on both parties to serve on the other a statement in form H1 of costs incurred to date and an estimate of those to be incurred in the future. This has to be done 14 days before final hearing.

The declared purpose of this is to enable the Court to take costs into account when making whatever order it does make.
Under the old set up it was was possible for judges to make orders which did not take costs into account, and the result, as you can guess, was that the orders could be quite unrealistic.

Mike 100468

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