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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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Challenge Legal Aid

  • NotGuilty
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10 Sep 12 #354929 by NotGuilty
Topic started by NotGuilty
Hello Everyone

My ex is entitled to legal aid. She is claiming all the benefits in the world!

I just think that she is over using her solicitors. She communicates messages through family and communicates the same messages through her solicitors.

We all know how much solicitors charge for every letter they produce.

I understand from my friend that we have a duty of care towards legal aid and keep it as minimal as possible.

Is there any way, I can challenge her regarding legal aid?

If there is, who can I contact?

  • .Charles
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10 Sep 12 #354942 by .Charles
Reply from .Charles
Do you really know how much solicitors who are acting for a publicly funded client charge? I suspect not…

Are you saying that you wish to control the amount of communication between your ex and her solicitor?

No, you cannot control how much your ex chooses to communicate. The financial limit of funding and the continuation of funding is a matter between your ex, her solicitor and the Legal Services Commission.

Charles

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10 Sep 12 #354945 by NotGuilty
Reply from NotGuilty
Thanks for the info Charles.

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10 Sep 12 #354947 by Enuff Already
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Can the point be taken into consideration that for every letter she generates that the OP solicitors also get a letter and that in turn generates a cost for the OP, unless he is LIP.

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10 Sep 12 #354971 by .Charles
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No, as parties bear their own costs in family proceedings.

If a costs order is made (thus deviating from the normal rule), a party who has increased communications unnecessarily will reap what they sow.

Charles

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10 Sep 12 #354974 by NotGuilty
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Cost order? What is that? Who can apply to make a cost order?

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10 Sep 12 #354986 by .Charles
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An order for costs is where the court deems it appropriate to make an order that one party pay the other party''s costs. Such an order usually specifies what is covered e.g. costs of the divorce, costs of the application, costs thrown away pursuant to the adjourned hearing etc.

Costs orders in family proceedings (excluding the divorce suit) are rare and you can only obtain one (or be made to pay one) if there is litigation misconduct which involves conduct that the court considers to be obstructive to the judicial process where this is lying to the court, failing to comply with Directions or deliberately frustrating the legal process.

There is a high bar to prove litigation misconduct and a person being generally bloody-minded does not qualify.

Charles

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