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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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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.


Court's view? 1 skint parent or 2 comfortable ones

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05 Mar 08 #15874 by Fiona
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"The costs are awarded against the one who gets the worst deal – so if you were fighting for 55/45 split but got a 50/50 you would pay all the costs – yours and hers, if the decision was 55/45 she gets all the costs. The loser pays all. This means that the parties are much more eager to settle just in case they get lumbered with the others huge bill. Think about it, if you end up with 50/50 but have to pay your costs of £20k then hers of £20k – you are actually only getting half less another £40k which is less than 50%. I have been to Slough CC a few times and seen it in action."


rdcox, many cases settle at the FDR or before the the FH, particularly when both parties have lawyers to negotiate. Apart from costs the disadvantage of going to a FH is you have little or no control over the outcome.

In civil litigation the successful party would expect to recover their costs from the unsuccessful party. In family cases it was recognised that this could upset the balance of the settlement and there was an elaborate system of rules applied which was replaced as of April 2006, save in respect of applications made before April 2006. The relevant statutory instrument is 2006/352, rule 2.71

4(a) The general rule in ancillary relief proceedings is that the court will not make an order requiring one party to pay the costs of another party; but

(b) the court may make such an order at any stage of the proceedings where it considers it appropriate to do so because of the conduct of a party in relation to the proceedings (whether before or during them).

5 In deciding what order (if any) to make under paragraph (4)(b), the court must have regard to—

(a) any failure by a party to comply with these Rules, any order of the court or any practice direction which the court considers relevant;

(b) any open offer to settle made by a party;

(c) whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue;

(d) the manner in which a party has pursued or responded to the application or a particular allegation or issue;

(e) any other aspect of a party's conduct in relation to the proceedings which the court considers relevant; and

(f) the financial effect on the parties of any costs order

  • grinch
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30 Apr 08 #21329 by grinch
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Situation I am in is that I am trying to negotiate a settlement based on the current level of financial support to the spouse. Effectievly I have been paying around £1000 per month for the past 3.5 years, in that I pay all the bills and a further amount on top. My argument is that clearly she is able to live a reasonable life on this figure, so why not use it as the yardstick for going forward, until her salary improves.

Just been told today that she no needs an additional £200 per month for the next few years to cover her legal costs. So in effect I am paying for her solicitor to shaft me. Is this right? I have been quite prudent with my solicitors costs and so I wondered what is the 'norm' for dealing with this.

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30 Apr 08 #21334 by Elle
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Grinch,
Sounds about right that your payin for her sol from what you state. Is the increase request been put to you formally or is it her sols suggestion?

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30 Apr 08 #21336 by grinch
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Elle wrote:

Grinch,
Sounds about right that your payin for her sol from what you state. Is the increase request been put to you formally or is it her sols suggestion?


no just from ex; very concious not to involve the sols if it can be avoided. Just seems a bit rich when I am bending over backwards to accomodate her want to stay in the house to get a hidden cost like that. whats to stop her from getting Paul McCartney's lawyer then? I would have thought that the cost could have been added to the mortgage and that amount taken from her when the house was eventually sold.

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