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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Can I start the process myself?

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02 Jul 12 #340703 by xxxxhelpxxxx
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I have been granted my Nisi and need to get Ancillary Relief under way.

I am having a "battle/discussion" with a local solicitor (the only one now in my immediate area that still does legal aid) about whether I am eligible or not. I am according to the LSC because I have called them and been through all financials with them because of my circumstances/ dependants.

Anyhow, I need to get the ball rolling.

My question is, is it worth issuing the Form A myself. I can claim fee remission on both disposable income and gross income grounds. If I issue Form A can a solicitor continue with the case when/if Legal Aid is sorted out?

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03 Jul 12 #340755 by TBagpuss
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Yes, but by issuing the Form A you cause the Court to set a time table for filing form E etc. If there are problems with getting legal aid this may not be granted before you have tp comply with bots if the timestable, such as filing the Form E and drafting questionnaires etc.

Can you ask the solicitor to send off your application and let the LSC determine your eligibility?

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03 Jul 12 #340955 by xxxxhelpxxxx
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Thank you.

From what I can see, form E (for me anyway) will not be too difficult to complete. I don''t have many assets, no money, not in employment and only the FMH and a tiny pension pot. For stbx, it''s a different matter :)He is a director of his own company, hasn''t done accounts for 3 years (personal and company), probably owes HMRC and VAT money and will also be chased by the CSA as well.

I need to get financial settlement under way because I am on housing benefit and they will reassess me after 6 months because I own a house.

I am a reasonably intelligent person and, with the help on Wiki, I think I can probably self-rep with assistance at some point from a solicitor.

The solicitor won''t even send off an application because she says that I am not eligible.

It all hinges on my grandson. He is the son of my youngest, who is my still my dependant. The LSC have said that under these circumstances they will take me as having 3 dependants allowances (2 daughters and a grandson) and then take off the amount that the youngest gets in CB herself for her son from one allowance (£85ish pcm).

My stbx probably thinks that I will just roll over and forget about getting anything from the marriage.

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03 Jul 12 #340958 by survive
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Yes you could self rep and there would be lots of Wiki''s to help you if they can. The biggest stumbling block may be lloking at your stbx accounts and form E, as you would need to raise a questionnaire based on the information he does or doesn''t submit. I guess it would help if you were familiar with his business etc


Survive

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04 Jul 12 #341036 by xxxxhelpxxxx
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I know his business and I know that he has tried to hide assets from HMRC by moving them to a friends storage. My old solicitor has a list of these assets. My stbx stupidly printed them and I accidently took a copy of it :)

I am falling out of love with solicitors and might just use one when absolutely necessary. I asked one solicitors about their fixed price cost and they still haven''t replied after 2 weeks !!

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04 Jul 12 #341086 by xxxxhelpxxxx
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I know his business and I know that he has tried to hide assets from HMRC by moving them to a friends storage. My old solicitor has a list of these assets. My stbx stupidly printed them and I accidently took a copy of it :)

I am falling out of love with solicitors and might just use one when absolutely necessary. I asked one solicitors about their fixed price cost and they still haven''t replied after 2 weeks !!

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06 Jul 12 #341633 by xxxxhelpxxxx
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well, I''ve filled in all the forms and sent them off!! In for a penny as they say.

Just got to wait and make sure I''ve sent off the right things (and wait for the evidence to get back to me!!).

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