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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.


Draft consent order and costs

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23 Apr 18 #500911 by Ch41
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HI

'Assessed but not agreed'

My solicitor wrote to my ex regarding the payment some time ago, he did not respond and now we are at final hearing stage.

I know I cannot include this in the ancillary settlement but as I have been awarded the costs I would like to claim them at some stage.

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25 Apr 18 #500962 by .Charles
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Assessed if not agreed means that the costs have to be agreed but if this is not possible the court will assess them.

Firstly the paying party has to know how much you are asking - this usually involves a breakdown of costs. There might be some horse-trading to settle.

If the matter can't be settled a detailed bill will have to be prepared and formerly served upon the paying party. If there is no response you can apply for a default costs certificate from the court for the full amount.

If there is a response within 21 days you can choose to response and/or apply to the court for assessment. This costs around £365 and that cost can be added to the amount you are seeking.

You need to be aware of any offers for settlement which the paying party makes as this can afford them some protection from the costs of litigating the matter (the costs of the costs can be substantial).

However, you may as well leave this until the final hearing of the finances has taken place in order to avoid muddying the waters even further.

Charles

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25 Apr 18 #500970 by Ch41
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Thank you

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