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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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Form H, now self-repping, past solicitor usage?

  • SilverFir
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15 May 12 #330764 by SilverFir
Topic started by SilverFir
This really is a punt in the dark ...

I''m only at the Nisi stage, haven''t started proceedings for a financial order yet, but got side-tracked into looking at Form H as you do ;)

STBX and I have been negotiating using Scottish solicitors for three years till now but to no avail. As no proceedings were actually started in Scotland and for other reasons that don''t make interesting reading, I am now starting divorce proceedings in England (where both STBX and I now live).

Would I be able to include any of my Scottish solicitor costs in "Section A: Costs incurred in the financial remedy proceedings prior to issue of Form A" against the line "Financial remedy solicitors'' costs (including VAT) incurred by any previous solicitors."

As I said, it''s a shot in the dark ...

  • .Charles
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16 May 12 #330817 by .Charles
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The point of the Form H is to inform the court how much has been expended on legal fees in contrast to the amount of the matrimonial assets. It also serves to inform the court how much of those fees remain outstanding in order to take account of the liability in the settlement i.e. there is no point in determining that a party needs £100k to rehouse, give them £100k only for them to receive £80k as £20k legal fees remains outstanding.

So, in answer to your question, if you received advice on finances, even outside the current court''s jurisdiction, you should insert those fees on the Form H.

Charles

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16 May 12 #330974 by SilverFir
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.Charles wrote:

So, in answer to your question, if you received advice on finances, even outside the current court''s jurisdiction, you should insert those fees on the Form H.


Wow. That actually does surprise me, that I can list legal expenses prior to the current court action. Though it''ll probably turn out to be irrelevant, as I''m sure my STBX has probably spent an equally high amount on his Scottish solicitor over the last three years too!

Thanks Charles. I''ve just found your guide on completing the Form H

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16 May 12 #331001 by .Charles
Reply from .Charles
I''m pleased you found it of use!

Charles

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