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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.


Who to pay the settlement to?

  • M2020
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03 Jan 21 #515213 by M2020
Topic started by M2020
Our final hearing was Christmas week when I was ordered to pay my ex £20K. I had already given him £5K, so I now have to pay him £15K, within 28 days; however my ex has now written to me and told me his solicitor is no longer acting for him and told me to send the final settlement money direct to his bank account. According to his costs form H1, his legal fees up to the final hearing were £23K of which £13k had been paid, so he still owes his solicitor £10K. Should I pay him direct or contact his solicitor to ask where to send the money?

  • hadenoughnow
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03 Jan 21 #515214 by hadenoughnow
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Hmm. You have been ordered to pay the settlement to him. If he has a debt to his solicitor then it is his responsibility to pay it. No doubt if he fails to do so they will enforce the debt. If they claim their costs for doing so he could very well end up with nothing.

Have you had sight of the order yet?? Does that specify where the payment should be directed? I would be reluctant to pay without seeing it.

Hadenoughnow

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03 Jan 21 #515215 by M2020
Reply from M2020
Thank for your quick response. I received the order yesterday, it directs that ‘the wife shall pay to the husband a lump sum of £xx’, so I guess I pay my ex and leave it to his solicitor to chase unpaid fees?
Incidentally the order has the wrong date of the hearing, does this invalidate the order, should it be corrected?

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03 Jan 21 #515217 by hadenoughnow
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It should be corrected under the slips rule. Was it drafted by his solicitor? Worth pointing it out to them and the court.

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