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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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Statutory charge Legal aid

  • redwine47
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12 Apr 12 #323245 by redwine47
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Thank you.. Can you confirm under what circumstances one would be exempt from the statutory charge?

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12 Apr 12 #323284 by .Charles
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acfair: The Charge grabs the money first - the balance, if there is any, is then released.

redwine: There is no exemption as such - the Charge either applies or it does not apply. The Charge will apply if there is a recovery or preservation.

In a civil case I worked on some years ago, a person obtained public funding to litigate against a double glazing company. The glazing was sub-standard and funding was used to bring the company to task. The matter was settled with the company agreeing to carry out works to the glazing to bring it up to standard. The Statutory Charge applied as a recovery had occurred, namely the value of the works carried out to the glazing. Even though the assisted person had not recovered any money, the Charge applied and he was required to make payment of his legal fees up to and including the value of the works carried out.

Charles

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12 Apr 12 #323293 by redwine47
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What would happen if I received a buy out of spousal maintenance... I''m assuming they wld take from this. Therefore I would be best not to accept buyout if that is the case...

Unless charge is not too substantial.

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12 Apr 12 #323318 by .Charles
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The Statutory Charge does not attach itself to maintenance or pension orders. However, if you accept a lump sum in lieu of maintenance/pension, this is treated as a lump sum to which the Charge will attach.

Charles

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12 Apr 12 #323361 by redwine47
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OkThat clarifyies things.. Was not told any of this by my solicitor... So need to take these costs into consideration thanks for helping.:-)

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13 Apr 12 #323430 by .Charles
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No problem.

You are likely to have received a letter at the outset of your case explaining the Statutory Charge but I have often met lawyers that send the letter out but have never read the contents and/or do not understand the how the Statutory Charge works and is applied.

As the availability of public funding dwindles, the knowledge of it''s inner workings does too.

Charles

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