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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.


Confused and Worried

  • AnaisM
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04 May 12 #328500 by AnaisM
Topic started by AnaisM
Hello all

I wonder if anyone can help. My husband left last year after admitting an ongoing affair. I have been told by two solicitors that I will have to pay my own legal fees (which are fairly substantial to date and frankly beyond my means,as I am on sickness benefit) My husband is a high earner. Then I was told by a different solicitor that if I Petition for divorce/separation on the grounds of adultry that he will have to pay my legal fees as it is a fault based separation. I do have written admission of the affair.

Does anyone know which advice is correct?

  • redwine47
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05 May 12 #328523 by redwine47
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Hi Anais, I petitioned for divorce on grounds of UB.. I was given a fixed sum for process. Told by solicitor, it would be best to pay 50% each to save any delay? Did this! But I still had to pay other fees relating to Ancillary Relief which are substantial.

I changed solicitors due to lack of assistance from previous. New sol said l should not have paid 50% as it was UB?. But already paid by that stage. Very confusing!

Ps that was 2+ years ago and still not divorced due to ancillary relief proceedings.

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07 May 12 #328909 by AnaisM
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Hi Redwine,

Thanks for your reply. Yes it is very confusing, but it shouldnt be, these solicitors are supposedly qualified and experienced in these matters, and Im fairly certain this is not a complex question.

I will keep asking the question.

Many thanks again.

Anais

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07 May 12 #329055 by redwine47
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I don''t know if there really is a rule of who should pay for what... I think like most things in divorce & Ancillary Relief it depends on individual personal circumstances.

Hopefully some experienced wikis will clarify. RW

  • hadenoughnow
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07 May 12 #329068 by hadenoughnow
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In UB and adultery, it is usually the respondent who pays unless it has been agreed otherwise.
This is just for the divorce .... Court fees plus solicitor costs which should not be more than a few hundred pounds.
However, for the financial settlement, each party pays their own costs. These can be substantial, especially if the parties cannot negotiate reasonably and go all the way to final hearing. Legal aid is a loan not a gift. It has to be paid back from any settlement.

Hadenoughnow

  • AnaisM
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10 May 12 #329715 by AnaisM
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Thank you Hadenoughnow for your reply. I apparently have a bill of about £6000, and there has been no court work done yet.
The communication between my solicitor and his are all about maintenance payments, disclosure of assets, stopping him running up overdrafts on joint accounts and not paying the mortgage etc.

I take it that all comes under the heading of financial stuff.

Beats me though, how it can be ok for a husband of 29 years to leave, mess up finances, leave bills unpaid and other responsibilities, whilst earning a very good wage, and i have to pay to stop him from making a further mess, and I have no income.

Many thanks again

Anais

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10 May 12 #329732 by yellowrose
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Anais

Like you I ran up a large bill with very little to show for it - him and his ***** pushed it up hugely.

Anyway - stopped solicitor doing anything, not sacked her because I recognise that I need the xpertise as and when and she is very good. Plan to represent my self and do as much letter writing etc as I can myself. I plan to use this site and liaise with my solicitor just when I need to get to the nitty gritty which I hope will keep costs down.

God knows if I can pull it off but I''m willing to try

xxxx

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