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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.

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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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Picking & choosing solicitors services & self-rep

  • LosingBattle
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25 Jun 12 #338953 by LosingBattle
Topic started by LosingBattle
Hi again ebpveryone,

Question for you: my ex has decided that she will handle certain matters of our divorce herself.
My solicitor recently wrote to her solicitor about some pressing issues (namely her withholding the children''s passports for our holiday to France until I pay for one of the children''s school trips) and I received a text message from her saying that ''I was not to bother her solicitor with these ''trivial'' matters & to address her directly''.
I am firstly concerned that the matters I raised with my solicitor are not ''trivial'', and the fact she thinks they are indicates that if she does answer them herself it will be in her usual obstreperous manner and I will gain no unbiased answer (if any answer) to my points.
Secondly, I am unclear as to whether she can legally do this? Surely if she has instructed a solicitor to deal with all matters concerning the divorce then she can''t just pick and choose which ones she has decided she would like to deal with?
If she does want to deal with certain aspects ie child contact or finances, then does she not have to instruct her solicitor of this fact and then in turn, my solicitor has to be informed? Otherwise how does my solicitor know which matters to address to her and which to her solicitor?
Any help with some clarity on the legal side of this would be appreciated!
Thanks in advance people!

  • maisymoos
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25 Jun 12 #338957 by maisymoos
Reply from maisymoos
Hi Losing Battle

Your ex can instruct a solicitor to deal with certain matters only. If she wishes not to use her solicitor to deal with others that is her prerogative. A solicitor will act under her instruction, she has to pay the bill!

Many people wrack up huge legal costs by dealing through solicitors for every single issue.

I am not sure she can withhold a passport though? Does anyone know what the recourse is if she does this?

  • LosingBattle
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25 Jun 12 #339070 by LosingBattle
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Thanks for that. If she is representing herself does she have to inform her solicitor (& in turn my solicitor) what matters she''s using her solicitor for & which matters she''s dealing with herself?
If not,my solicitor will have no idea where or whom to send letters & emails to!
I''d also like to know if she has any legal recourse of she withholds the passports!
Thanks for your reply :0)

  • Stanlaw
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02 Jul 12 #340618 by Stanlaw
Reply from Stanlaw
You should ask her solicitor to define exactly what he/she is instructed to deal with as otherwise both of you will end up with issues either duplicated or not addressed.
If she won''t hand over the passport, apply to the court for a specific issue Order that she does. It''s a Form C100 and the fee is £200 if you''re not exempt from paying the fees.
I suggest you get on with the application as there can be quite a delay to get into the court list and the court will give you the Order if the holiday is booked and now being ransomed.

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