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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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Unhelpful solicitor

  • amethyst
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01 Feb 08 #12507 by amethyst
Topic started by amethyst
My sx2b & I came to a financial agreement last year where I would keep the marital home, my business, 2 endowment policies & support the children (4 of them). He in return would pay their private school fees. My solicitor didn't think this was fair on me as he earns £275k. I was adamant that I was happy with this arrangement as we have had an amicable separation for the past 5 years & I am able to earn enough to support myself and the children. I have always paid the mortgage, for the family car, childcare, & endowment premiums. For most of the marriage I was the breadwinner.

My sx2b seemed happy with the arrangement & and was in fact a bit worried that I might change my mind. My eldest daughter reassured him that I didn't want his money. We were going to go for a Clean Break. However, his solicitor has wound him up & we ended up in court, my solicitor & I were under the impression the agreement was still acceptable to both parties but in court it became apparent his solicitor had other ideas. We now have to return to court late February having paid substantial fees to get my business & the matrimonial home valued. Not much change from £4k for each of us just for the vauations.

Things have now turned very acrimonious & I am furious with his solicitor although in the long term I will gain financially as I will now ask for maintenance. Can I report his solicitor to the Law Society for not suggesting we deal with this either through mediation or collaboration (he is a collaborative lawyer)? All of this has caused a great deal of stress, expense & a breakdown in my relationship with my sx2b.

  • unfairtome
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01 Feb 08 #12516 by unfairtome
Reply from unfairtome
yes you can report solicitors im unsure of where the information is but google it im sure you will find it, oh p.s. its all about the money basically and solicitors hate losing out, usually mediation is suggested at first before any court processes

  • Fiona
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01 Feb 08 #12526 by Fiona
Reply from Fiona
You can take action against someone else's solicitor for misconduct by raising the matter with Solicitor's Regulation Authority. However, from what you say misconduct doesn't apply because misconduct is only when(i)the solicitor lies to you or others (ii) the solicitor uses his or her position to gain unfair advantage of you(iii)the solicitor is holding money that belongs to you (iv) solicitor fails to comply with an undertaking they have given to you or your solicitor (v) the solicitor discriminates against you on the basis of race, religion, gender, sexual orientation, disability or age.Sorry.:(

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