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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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Lawyers not affordable

  • Laurie
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15 Apr 12 #323974 by Laurie
Topic started by Laurie
Having whinged the issues in the last post, can anyone out there give advice on what to do when legal representation is simply not affordable and issues are ugly and complex? Are there legal students who will accompany someone to court and take notes (not to give advice)? It is difficult under pressure to remember what has actually happened during an unpleasant court situation.

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15 Apr 12 #323985 by WhiteRose
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You can have a McKenzie Friend:

en.wikipedia.org/wiki/McKenzie_friend

WR

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15 Apr 12 #323990 by Laurie
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Many thanks. Very helpful.
Is there a core of people who are experienced in maintenance variation issues with whom I can communicate the difficulties and get some idea how to deal with the Directions Hearings etc etc?

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15 Apr 12 #323992 by WhiteRose
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We have some very knowledgeable and experienced members here - just post your questions and you should get responses :)

WR

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16 Apr 12 #324189 by .Charles
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My local court, Birmingham, has a team of legal students who are available for free advice - I''m not sure if this is a local or national scheme but it seems like a good idea.

Charles

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16 Apr 12 #324217 by soulruler
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Charles

That is encouraging news for me. During my progress through UK Courts my husbands legal team have on many occasions used advocacy barristers rather than hiring more expensive chambers barristers or turning up to represent their clients themselves (and their client rarely attends any court case).

I have often wondered whether the advocacy barristers have really wanted to qualify and be in chambers as their fees for representation are very much less than if they were in chambers - one advocacy agent barrister charged £95 plus vat for a final charging hearing on a fixed fee basis based on the fact that the hearing was only supposed to be 6 minutes - when in fact the judge kept us in court all afternoon.

He questioned her on her fees and she said £95 plus vat at the time stating that it was supposed to be a 6 minute hearing. He showed her "her own" costs schedule (actually produced by husbands solicitors) where her fees were stated as £75 plus vat. Their requested fee by the way for a final charging order was over £2,000 when it then transpired that charging orders were fixed costs and for our region were supposed to be £360.

So, I suppose what I am saying is that if the Original poster can get some advice from a legal student that would be great but if not a mackensie friend (whether an official Mac or just a good and trusted friend who can accompany her to court for moral support and to take notes) is a great idea.

I always go to court now with a Mac (just a friend not anyone who will go to court to support anyone else). Apart from any other consideration I have been threatened outside court in the court waiting rooms by various trained legal professionals and barristers and I need moral support and also a witness to give me support.

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