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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.


Section 58A of the Courts and Legal Services Act

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23 Mar 12 #319639 by orientalpoppy2
Topic started by orientalpoppy2
Hi Guys
Conditional fee agreements are not allowed in family cases. What happens if a Solicitor does not charge fees in anticipation of a settlement? What are the consequences?

Thanks so much to all the wonderful experts(Charles, Dukey, etc)

OP

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23 Mar 12 #319717 by .Charles
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A solicitor can agree to continue to act for you on the understanding that you will discharge fees from your financial settlement. This can go wrong if the intention is to sell the former matrimonial home but the client later decides to stay in the property (particularly if the property is the only asset).

There are different ways to document an agreement like this, one of which is a Sears Tooth agreement which is not often used whereas a more common agreement is simply a solicitor and client agreement where the client agrees to pay the outstanding fees from the settlement, usually by any settlement monies being paid directly to the solicitor and the balance being forwarded to the client.

There can be an informal arrangements where the solicitor and client ''just agree'' that a bill will be delivered at the end of the case when the settlement is received. This does not assuage the solicitor of his/her responsibility to keep you informed as to the level of your costs or provide you with revised costs estimates.

Charles

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23 Mar 12 #319719 by orientalpoppy2
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Charles, this is a case where the we got divorced and then the ex went back to court to say he doesn''t remember signing the financial settlement. Now his solicitor is not charging him fees but will collect from the settlement. Is this not contrary to 58A? Does 58A not prohibit this altogether? Thanks so much.B)

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24 Mar 12 #319803 by .Charles
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It would be prohibited if it was conducted under a CFA but it seems unlikely that this is the case. There is no problem agreeing to postpone payment of fees until settlement is received although this is foolish if there is any prospect of losing as the client will have no money from which to pay their solicitor.

Charles

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24 Mar 12 #319811 by orientalpoppy2
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thanks Charles

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