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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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Self repping then sought 'free' advice

  • peteringout
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19 Feb 08 #14446 by peteringout
Topic started by peteringout
Hi all,

OK, some of you know my story. I have been self repping. Wifes has sol. He advises at the end of every letter I should seek professional legal advice. Why, well, these guys like to keep each other in well paid employment (sorry if it sounds cynical). OK, I sought initial 'free' advice, but was informed that this is only 'inital' advice and that more will be required at (significant) cost, well no suprise there.

So I advised wife as follows "And you question my suspicion of lawyers!! Where there is no doubt they will create it!! Where there was certainty they will certainly complicate it!! In effect we now cannot proceed with house purchase and without ‘minute of agreement’, I should not sign ‘minute of agreement’ until pension is valued (at least another 6 weeks)".

Now, we have an offer on our home and have agreed how we will divide the profit, however, my lawyer says that this is not fair on me and I need to think of this that or the other. Put doubt in my mind!! Certainly has.

Thoughts appreciated.

Peter

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21 Feb 08 #14626 by Fiona
Reply from Fiona
The thing is how can you determine the dividing of the equity in the house is fair until you know what the size of the whole 'pot' is?

The steps involved are firstly to value all the his/her/joint assets and debts, secondly determine which, if any, of those are matrimonial or non-matrimonial, thirdly decide how the assets should be split, fourthly have the settlement legally documented and lastly comes implementation of the settlement.

As for putting doubts in your mind sol is duty bound to advice on your standing and options but remember the client instructs.

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21 Feb 08 #14628 by peteringout
Reply from peteringout
Thanks Fiona,

I do sort of know that really, but I do think it is taking, what appears to be, a simple process and complicating it. Delays like this can and probably will mean wife and I miss out on future properties we have identified. We have agreed the split as we see fair (as noted in a different thread).

I mean how much will a lawyer charge to cut and paste in to a legal document what we have sent him and agreed (I have even sent it to him on the 'lawpack' self help format (though I know he'll probably change that).

Just frustrated by the whole process, thats al.

Thanks again.

Peter

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21 Feb 08 #14641 by dukey
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Hi peter ive followed your case and understand your reasons for self reping i still think you shouls get some help from a sol what you may think is straight forward may not be, sorting money and assets before absolute is not a good idea nor is buying property before the divorce is finalised.
Think about fionas pionts they make sense to me and sort that pension out.
No one likes paying sols but it may well save money in the long run good luck as always
dukey

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21 Feb 08 #14648 by megan
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I'm in a similer position we are trying to sort it out between us. If it suites both sides why isn't that the way to do it?

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21 Feb 08 #14668 by Fiona
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Peter,

The problem with online divorce sites is they are all, bar one I think, operated by companies geared towards E&W and the Scottish bit is just tagged on the end. Rightly or wrongly Separation Agreements, writs, summonses etc all have to be written individually to a complicated specification which the legal profession seems to keep to itself. The simplified divorce procedure is very simple and no one needs a lawyer for that, but when there are children and finances you need to use the ordinary procedure and even online divorce sites say although it is possible to do it yourself they don't recommend it. Be warned you can end up paying twice. Settlements cannot be reopened.

Costs will vary depending on the work involved but it shouldn't be that expensive. No one likes parting with money, but people think nothing of spending a small fortune on getting married and if spending a bit on divorce prevents people being left with an unfair settlement and financial hardship then it's money well spent IMHO.

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21 Feb 08 #14669 by Elle
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I do sort of know that really, but I do think it is taking, what appears to be, a simple process and complicating it.

Peter

I couldnt agree more......that has been my experience and whist x is using legal aid......I pay even although I am entitled....its really only a loan....
Elle

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