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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.

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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.

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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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
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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
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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 ?

LMM

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