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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Online divorce

  • pclement
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22 Jul 07 #1502 by pclement
Topic started by pclement
Hi,

First time. Thinking about using online divorce but concerned about validity on property and childcare. Anyone offer any advice on this.

Ta,
PC:S

  • CollaborativeFamilyLaw
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22 Jul 07 #1506 by CollaborativeFamilyLaw
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If the issues are simple consider it, but please remember that the providers of such services are not qualified to give legal advice....if you pay peanuts you get a monkey etc. Consider investing in a Resolution accredited solicitor a whos hourly rate suits your budget.

You really need help with regard to three issues:

The Divorce : if both you and your wife want one and your cannot afford to instruct a solicitor an on line solution may work. In my experience a solicitors costs in dealing with the actual divorce will range from about £300 to £2000, provided the divorce is uncontested.

The Children : try and agree a contact regime with your wife, if this is not possible consider mediation. The court generally will not make an order with regard to the children unless it is absolutely necessary to do so (the "no order " presumption ). If there are serious difficulties with regard to residence or contact I'm afraid you had better speak to a solicitor.

The Finances : this is where on-line divorce falls down. If there are complexities with regard to the finances and you need someone to negotiate on your behalf , you need a solicitor. On -line divorce can only assist in drawing up the most straight forward financial Consent Orders in cases where there is little or nothing to divide, and there is agreement with regard to all issues.

I hope that this helps.

  • Primrose
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29 Jul 07 #1629 by Primrose
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I was going to ask the same question. I have seen a quickie one online and the testimonials look good. also I know a few people who have done it themselves.:woohoo:

I went to speak to the solicitor and they don't take legal aid so I phoned the online one and it sounds straight forward. Me and my ex are agreeable and we don't have much assets etc so we're straight forward. If you've got alot financially and custody etc I don't think we'd be doing it online

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09 Aug 07 #1846 by markp
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hi any advice would be helpful. i've been rejected for legal aid as it seems i earn to much , but can't afford a solicitor as it would take a weeks wage to pay for an hour of his time. my wife has got legal aid as she only works part time and her new partner will not work. the trouble is she is telling alsorts of lies to her solicitor and trying to make life difficult for me and our son who she left to live with me. can anyone please tell me how i might be able to deal with this situation as paying a solicitor would leave me unable to pay the basic living expenses and would me leave me and my son with nothing.

  • DownButNotOut
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09 Aug 07 #1849 by DownButNotOut
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MarkP,

Although it is normally wise to seek the advice of a solicitor..it is also perfectly possible to go through the process and get a fair result by representing yourself.

Only a very few cases get to the final hearing and a Rumpole style battle between barristers. Over 90% are settled before that point by agreement.

So your main challenge is to come to an agreement with your ex. Unfortunately the court system drives a behaviour whereby you each get a solicitor and start fighting for all you can get.

As a starting point...if you reply with you details:
value of house, pension, mortgage, how long married, how much you each earn, we can help you get some idea of what a fair outcome might be in court.

The the challenge is to negotiate with her and her sol to agree on a fair deal. But again it is possible to do this without your own sol.

If your case is straightforward and she shows signs of being prepared to negotiate an amicable deal you can get away without using a solicitor perhaps spending around 100 pounds on an inexpensive online divorce service to draft up a Consent Order.

Hope that helps

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09 Aug 07 #1857 by markp
Reply from markp
the house is valued at 80,000 the mortgage is 28,500 both of these are in my name, there is a endowment valued at 8,000 in both names, not sure about the pension as it was a works pension and was frozen last year when i was made redundant. we were married for 10 years, i bring home about £900 per month and she takes home about £252 per month, but she is living with her new partner who i believe is on benefits as he will not work. our 10 year old son lives with me in the martial home. i hope there is enough information here to enable you to help me. she is saying that she is entitled to at least 50% of everything and possibly more.

  • donnab
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15 Aug 07 #2017 by donnab
Reply from donnab
Hi,
im new here and in real need of some advice.
Im currently going through a very messy divorce,ive been turned down for any form of public funding to do with the financial and family matters and basically told to represent myself. My children are going through cascaff, my eldest daughter has been through chams. My ex to be is fighting for custady with his new partner. My children have all stated they do not want to know her because of all the trouble she has caused. But my ex will not listen. Can any one give me some advice with regard to court and what will happen, can i get any advice that wont cost the earth. I am on a low wage and get no financial help at all for my children (maintanance) from their father. All i get is abusive emails stating that i have turned the children against him. Police will not help at all. can any one give me some advice

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