A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info


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.


Trying to sort settlement, what''s Calderbank?

  • divigirl
  • divigirl's Avatar Posted by
  • Senior Member
  • Senior Member
More
01 Jul 12 #340308 by divigirl
Topic started by divigirl
Hi all

I just received a copy letter from ex''s solicitor sent to my solicitor. I didn''t get a copy of what my solicitor sent but as far as I know it was an offer letter, stating that I would need a bit more from the 50/50 split he thinks he is entitled to in order for me to take on the mortgage on the home that myself and my daughter live in (not the marital home, we sold that and bought to houses in both names while we trial separated - I want to take on the mortgage on mine as part of the settlement but cannot afford 80k on a part time income!!)

His solicitor stated to mine that the ''Calderbank procedure'' is no longer in use or relevant.

What the heck does that mean???

Divi

  • NoWhereToTurnl
  • NoWhereToTurnl's Avatar
  • Platinum Member
  • Platinum Member
More
01 Jul 12 #340316 by NoWhereToTurnl
Reply from NoWhereToTurnl
A Calderbank offer is an offer to settle in the form of a "without prejudice save as to costs" letter. If the offer is not accepted then, in some cases the side not accepting can be ordered to pay costs, though this is rare. I do not know if the law has changed so that Calderbank offers are no longer in use.
Hope that helps,
NWTT

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
01 Jul 12 #340317 by dukey
Reply from dukey
Calderbank letters have not been used for years, in theory they can be if proceedings began before the Calderbank procedure ended, though i have never seen it happen.

  • divigirl
  • divigirl's Avatar Posted by
  • Senior Member
  • Senior Member
More
01 Jul 12 #340318 by divigirl
Reply from divigirl
Thanks everyone, why on earth would my solicitor be trying to use it? I am completely baffled!

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
01 Jul 12 #340319 by dukey
Reply from dukey
We see it from time to time on wiki mostly from none family law solicitors who are years behind in practice and procedure :(

  • NoWhereToTurnl
  • NoWhereToTurnl's Avatar
  • Platinum Member
  • Platinum Member
More
01 Jul 12 #340321 by NoWhereToTurnl
Reply from NoWhereToTurnl
My previous solicitor used them during my divorce dukey (03 - 05) exh sol still using them! :)

  • divigirl
  • divigirl's Avatar Posted by
  • Senior Member
  • Senior Member
More
01 Jul 12 #340325 by divigirl
Reply from divigirl
Oh dear o dear...:(can''t say I''ve been impressed with my solicitor so far so maybe this shouldnt be a surprise.

So far I''ve had incorrect dates, incorrect amounts stated, incorrect addresses, attachments missing, I received someone else''s divorce letter, turned up for an appointment that the secretary swore was the next day and was very rude to me when I turned up (I know I didn''t make a mistake on the date as I put it in my calendar as she said "TOMORROW would be fine to come in". I put all the above down to secretarial incompetency but now I''m beginning to wonder!

Do you get a substandard service using legal aid???

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11