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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.


FDR

  • bella654
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15 Dec 20 #515113 by bella654
Topic started by bella654
My ex was supposed to email her narrative statement and the answers to my supplemental questionairre on 30/11/2020 . I have emailed her solicitor and she states she has had other pressing cases and will do it when she can.
Do solicitors have to adhere to court ordered deadlines ? What would happen if my ex decides not to send in the paper work. Her form E states she has £150,000 worth of debt and she has submitted no proof of any of the debt, other than a made up loan document with herself and her parents on it. And they just produced a bank statement that shows the money was a gift not a loan.
So frustrating when you up against someone that just doesn't know what being honest is.

  • .Charles
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18 Dec 20 #515126 by .Charles
Reply from .Charles
Solicitors should adhere to deadlines and saying that they are too busy is not acceptable. A couple of days here or there is not a problem but nearly 3 weeks is.

Perhaps you should write stating that "their inability to manage their caseload is prejudicing their client's case and you will bring the court's attention to the contents of their email if you are caused to make an application for a penal notice with costs to be paid by their client unless a wasted costs order is deemed appropriate by the court".

The term 'wasted costs order' is misused a lot of the time but it is in fact an order against a solicitor rather than their client. They are rare but on the face of it they have already said they are responsible for the delay rather than their client. Either they are lying and the delay is with their client (doubtful) or they will respond rapidly to your email and comply with the deadlines. At the very least they should give you a date by which they intend to comply.

Charles

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