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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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cant pay solicitor

  • oldgal
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27 May 12 #333291 by oldgal
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My relative the Respondant represented himself at a FDR meeting of which there were two before an agreement was made. Full Disclosure was made by both parties before the FDR meetings. The applicant stated they only had income of a job earning £1000.00 per month no savings no assets and no equity in a property. The legal cost for this person the applicant were a staggering £25,000.00 of which they had paid £2,000.00 An amount for child maintenance only was made for £750 per month which was £562.00 over the £188.00 the CSA had calculated. ( my relative just wanted the whole thing to go away it had been dragging on for two years so he agreed the extra money. How will the solicitors for the applicant get there fees paid? The applicant has a flat that is in negative equity but is presently up for sale. Can the solicitor make an arrangement in view of the extra amount over and above the CSA payment that the applicant was getting to have a direct debit drawn up to pay monthly if this is the case is interest added . Or do solicitors just write the debt off. Any thoughts on this would be welcome

  • maisymoos
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27 May 12 #333293 by maisymoos
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A bit confused why you are worring about how the applicant will meet her legal costs?? this is their problem not yours?

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27 May 12 #333308 by oldgal
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Because if she has the funds available the financial statement that was filled in was missing vital information which should have been declared.I always suspected the other person had vast amounts of money stashed and that was why the solicitor was continuing with the case I may in the future have to apply for a variation because my job is not guaranteed and i would like to be able to have the full and frank disclosure from the other side in going forward with this and perhaps ask how the funds were found for the legal fees. I have asked this already and they just dont answer.

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27 May 12 #333309 by WhiteRose
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Just a comment on the CM - a £562 increase on the CSA calculations is colossal! Can this be afforded by your relative?

Is it purely CM or SM & CM combined?

WR

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28 May 12 #333362 by oldgal
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it is purely a cm my relative did not have any relationship with the other party a only for conception (i think the term for what the other party did is called rinsing guys)and no it cant be afforded partner is going to have to pay some of it . also been fooled by the order as didt have legal representation and was not told it automatically increases every year still not told by how much using what criteria whole thing is a nightmare. that why need to know if the other party is paying legal fees to show they have obviously lied on thier financial statement. need to apply back to the court to vary the amount

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28 May 12 #333366 by WhiteRose
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From my understanding CSA calculator uses the NRPs income to calculate a % (other factors are taken into consideration also) for 1 child its 15% of income.

Also the PWCs income is not taken into consideration for CM (from CSA anyway, not sure about Court) so if a PWC was earning £40k pa or £40 pm its still the NRPs income that is assessed.

I can''t understand how a Court would order a CM payment that would be unaffordable :(

I do know members here that after 1 year of Court Ordered CM have applied for assessment from CSA, in these cases the CSA then has jurisdiction and their assessment over-rules the Court Order, but not knowing the details of this case, I don''t know if it would be the same :dry:

Was your relative paying CSA before? Do the payments include arrears?

WR

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28 May 12 #333409 by oldgal
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My relative was assessed 4 times through the CSA and also was investigated by the sensative case team and fraud enquries were made They found nothing at all in my relatives finances so made the award The CSA were sick to death of the PWC appealling and found all her reasons for doing so ridiculous(NRP went on holiday to majorca! )They made 4 awards all the same.They even wrote to the PWC solicitors telling them this !!!! Whilst this was going on the PWC was dragging it through the court and my relative had to also get a lawyer because he was scared to death by the letters he was receiving the PWC was a one night stand but was insisting on a house a car was plagueing his life in general this went on for two years. He spent in excess of £15,000 he got a loan for solicitors He had to comply with the court ( if you dont they just do it in your absence) in providing again all the same information he had supplied to the CSA. His income did not add up to be in the court at all. We did not know this because by then my relative had no money left and could not afford the legal fees. His family stepped in and asked the parent with care what she would accept. She started by wanting £2000.00 per month a car £5000 £10,000 lump sum all her solicitors paying £25,000 £5,000 for setting up the nursery. Eventually my relative family got her to settle for £750.00 per month we cannot go back to the csa because the order was a christmas order that prevents you from doing this we can apply to the court for a review which we will do but this is relatively simple and wont involve the lawyers or so weve been told. We would like to know if she cant pay her solicitors fees what happens. will another solicitor represent her if she hasnt

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