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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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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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Consent order not approved.

  • Jane2014
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20 Sep 16 #483828 by Jane2014
Topic started by Jane2014
I have been awarded pro bono assistance regarding my Consent Order. I would like to know if there is a technical/legal term for when you are given incorrect advice by a solicitor. She advised me to sign a consent order. The judge would not approve it due to being unfair and adjourned the hearing. The hearing resulting from the adjourned hearing, in front of a different judge, I was advised I had been given incorrect advice by my barrister and she had not worked in my best interests, so had to pay 5k costs.
I would like to know if there is a term for this in order to do as much research before visiting the barrister in order not to waste time.

  • larryg
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21 Sep 16 #483850 by larryg
Reply from larryg
From putting 'incorrect advice given by a barrister' into a search engine it throws up terminology such as 'professional negligence' and 'malpractice'.

I am not sure if these were the terms you were looking for or if they fit the criteria. Also I (personally speaking) would be cautious of putting these words to a solicitor/barrister unless I was 100% confident in what I was saying or it could give rise to accusations of slander(?) if incorrect...

Hope this helps, please note I am not legally trained and have only personal experience to refer to...

Kind regards

  • LittleMrMike
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23 Sep 16 #483944 by LittleMrMike
Reply from LittleMrMike
It is, of course, totally impossible to comment on your case when we do not know the facts.

The judge had a very wide measure of discretion and for this reason I am rather reluctant to try and predict outcomes.

There are firms - not very many of them - who specialise in professional negligence claims. There aren't many because dog does not, as a general rule , eat dog.

But they may be willing at least to give you a view as to whether you have a case.

My first query is, , was it rejected because it was too unfair to you,
or too unfair to your ex ?


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