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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.


Trying to sort settlement, what''s Calderbank?

  • dukey
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01 Jul 12 #340327 by dukey
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I can`t remember the year they ended, i think 2007 ish, anyway its a fair while ago, before i started with wiki for sure and that`s close to five years.

Some legal aid solicitors are very good but some are not, if the service you have is very poor maybe think about hanging over, i think wiki is working with a practice that accept legal aid, well when i say working with wiki can pass on a referral to them and they work nationally, i`d give the name but advertising is frowned on.

  • NoWhereToTurnl
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01 Jul 12 #340329 by NoWhereToTurnl
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Hi divi,

I don''t know about that but what I do know is I didn''t do well in my divorce & it cost me a fortune. If I had known then, what I know now, I would have done some homework and got a solicitor who is a respected specialist in family law.

Although divorced, we are back in the court system due to exh non compliance of order. I have a new solicitor who is totally different in approach and in whom I have faith. I also now know that there is no need to have a solicitor in your home town.

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01 Jul 12 #340334 by NoWhereToTurnl
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Just to add divi,
I was in a terrible state back in March, hence my user name. When I was at my wits end I phoned the 0800 wiki number, top rt hand corner. I was given excellent advice and referral to the solicitor I now have. Send me a PM if you would like to know more X

  • divigirl
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01 Jul 12 #340342 by divigirl
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thanks NWTT, I''ll PM you. :)

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02 Jul 12 #340465 by .Charles
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The Calberbank procedure was binned on 33rd (edit: oops, that''s the 3rd) April 2006 although cases issued prior to that date can still use the procedure.

The point of getting rid of it was due to the destabilising effect of costs orders on final orders made at trial.

For instance, if a party wanted £100k to rehouse but the other side offered £98k on a Calderbank basis - if the court ordered £98k it would also consider making a costs order which could be thousands. The problem is that if £98k was required to rehouse, the costs order would reduce the amount awarded and prevent rehousing which undermines the reason for the order.

So, costs order can now only be made if a person makes an open offer which they achieve of beat at final hearing. These open offers are included in the trial bundle and can be referred to in correspondence.

Charles

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02 Jul 12 #340468 by redwine47
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My Barrister suggested I could make Calderbank offer to stbx... As stbx is being unreasonable in his recent offer. I was told if I come up with a fair proposal we cld make a calderbank offer.

I have not made an offer yet as need advice & barrister says he''s not an accountant!

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02 Jul 12 #340472 by dukey
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Charles, Sir, i have tried to resist but i know must give in, 33rd April?.

Redwine did proceedings begin before April 2006 if not is your barrister a gin soaked old guy?, Calderbank letters are dead and buried, its without prejudice or open offers these days.

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