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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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Misled on form E

  • attilladahun
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02 Feb 08 #12611 by attilladahun
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Can I sue his solicitor as well as mine for not getting the information for pension sharing that's required under the law?
No....but it is expected that the client will fill in Form P (Pensions enquiry) form...if ultimately it transpires the pension info is not available at the 1st Appointment it will no doubt be info the Court will order-no a simple case and if it were a very simple case which possibly could have had the 1st Appt used as an FDR I would ask awkward Q's at the 1st Appt of the other side ie

When or has even any Form P been completed by the other solr and signed by his client -if it transpires he has not then one could always seek a contribution to the costs of that hearing being paid by the other side or even the solicitor personally as "litigation conduct".

Is your solicitor responsible if there's wrong information in the form E at FDR/FH?
No if the client has supplied the info

If he had the correct info but it was a matter of the form E being incorrectly completed then the Court could seek a contribution to the costs of that hearing being paid by the other side or even the solicitor personally as "litigation conduct".

If let us say a solicitor knew of assets H had and deliberately misled the Court by
falsely omitting them then that raises serious issues of potential professional misconduct...remember a solicitor is an officer of the Court who owes a duty to the Client but also the Court.

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02 Feb 08 #12612 by dukey
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Hello Maggie rest assured they will find out lies they can pettion banks inland revenue who ever they need to if you have proof present it to the court if not outline what you think is wrong and why the judge may give him a chance to correct form E but he will only get one chance if at all you can begin negoiateing at nisi if you cannot agrea then the fdr will decide you can be sent to prison for lieing on form perhaps you should piont this out to him.
Stay with it Maggie courts are slow and lies common but they have seen it all before B)

  • loobyloo
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02 Feb 08 #12624 by loobyloo
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Dukey
form E in my experience is a blank canvass to create and manufacture what you like
I know for a fact whats been earned, and spent by my x2b during marriage....so huge sums of money missing....so called given away as gifts and loans to family members
I have fh next month and hopefully these gaps will be addressed
If not ..well....im pretty much resigned to having wasted nearly 7k to date on solicitor(worth every penny though he has done his best) hopefully the barrister will delver too
looby

  • Realitybites1970
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03 Feb 08 #12675 by Realitybites1970
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