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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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financial matters

  • donnab
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24 Sep 07 #3862 by donnab
Topic started by donnab
I currently dont have a solicitor, i earn too much apparently!, can any one tell me how i can can get financial matters help? my ex has a stash of peps, isas, pensions, savings etc, he currently going through csa and refusing to give them the correct information. can any one help!

  • LittleMrMike
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24 Sep 07 #3877 by LittleMrMike
Reply from LittleMrMike
Unfortunately, your case highlights a problem that is all too prevalent - namely, that legal costs are no problem to the rich, and those of very modest means can get legal help, but they can be a serious and pressing problem to those who fall between the two extremes.

There are three possibilities, and frankly, I'm not all that keen on any, but they are

(a) An agreement with your solicitors whereby they get paid out of any lump sums or property transfer orders which you may be awarded ; but unless you are as poor as a church mouse and he is swimming in cash, I have my doubts about the wisdom of this.

(b) It is ( in theory ) possible for an award of maintenance pending suit to include an element to cover anticipated legal fees.

(c) some banks are offering loans to cover divorce costs, to be repaid out of the settlement.

I mention them for the sake of completeness but am not sure if I could recommend them.

I think the ultimate aim of a site like wikivorce is to assist those who can't really afford full legal representation. But I have been encouraged by the fact that some of our members have achieved quite good results representing themselves even where they were opposed by professionals. Going back to a different area of law in which I used to have quite a bit of experience - namely employment - I often had to deal with applicants who were conducting their own case without an advocate, and I sometimes thought that self representation was almost an advantage, because the Chairman took over and did a far better job than most lawyers.

There is a recent article entitled ' Saving Legal costs ' which is on this website and which you will find in the Old Divorce Guide under the heading Costs.and which you might find useful. Read what you can about divorce law and procedure on this site. And I am sure there are many contributors who will be happy to give you a rough idea of your likely financial position.

Good luck
Mike

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