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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.


Charges

  • caron
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26 Mar 12 #320123 by caron
Topic started by caron
Hi my solicitor who only takes on private cases has agreed as I don''t have a job to provide me with his services £225 per hour to represent me and for me to pay him aftr we have won my case...he comes highly recommended but.....can I ask him to do this for a fixed rate as I don''t want to win my case but then he charges me more or less what i''ve won.
I''m so grateful that he is even doing it this way but I just want to be able to ask the question..am I being unreasonale x

  • dukey
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26 Mar 12 #320125 by dukey
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What type of work are you asking the solicitor to do, AR child issues or other.

  • caron
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26 Mar 12 #320127 by caron
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Basically to get my husband to pay what he is suppose to pay (maintenance) and to put a forsale order on the house in order to get back payments.
Thanks for responding.

  • WhiteRose
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26 Mar 12 #320132 by WhiteRose
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Hi Caron,

I think ''Fixed Fees'' are only given when you know the amount of work you need to do.

Usually they can be given when both parties are in agreement.

When the amount of work is not known, he may be able to give you a ''Typical Estimate'' but I think he would avoid a Fixed Fee.

Its worth an ask, but don''t be disappointed.

Do you have an CM Order already?

Do you have an order specifying the sale of the house?

If so, it may be an enforcement you need?

Have you called the CSA to see if they can help? If its voluntary CM they can make an assessment - if its Court ordered (after 2003) and over 1 year old - they can also make an assessment.

WR

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26 Mar 12 #320136 by caron
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I have a court order that says he should pay £1600 per mnth but only paying £500. He didn''t pay me for a year and didn''t get a variation order to dothis...I am still named on the fH and said he could have it, but as he didn''t andnot paying me what he should I want the house to be sold...he''s renting it out bu now saying he''s going to buy another house and keep the fh as longterm investment. on the money my husband says he''s earning the csa calculation are right £500 but.....how on earth can he afford to buy another house if he can''t afford to pay me full amount...hense the solicitor... I will ask about the fixed payment though .

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26 Mar 12 #320137 by WhiteRose
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Hi Caron,

How old is your Court Order?

If it was made after 2003 and over 1 year old, he can get himself assessed by CSA and they then will have jurisdiction, the Court Order can not be enforced.

Therefore if the CSA have said he only needs to pay £500 pm, thats all he has to pay, not sure about back payments :unsure:

Do you have a Court Order re. the family home? Is that what you refer to when you say you could have it? Or is this something you''ve agreed between you?

WR

  • WYSPECIAL
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26 Mar 12 #320140 by WYSPECIAL
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Has your solicitor agreed that if for some reason you don''t win then there will be no fee?

Don''t feel grateful its a business transaction which is costing you £225 an hour. He is doing it because he wants the money.

Is your court order for child maintenance, spousal maintenance or both?

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