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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.


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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.


Who do I write to?

  • u6c00
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02 Oct 12 #358881 by u6c00
Topic started by u6c00
Bit of a confusing situation:

I am LIP with assistance from a solicitor under Legal Help scheme while I wait (and pray!) for a full legal aid certificate.

My ex has been represented by a solicitor all the way through proceedings.

2 weeks ago my ex emailed me and said that her solicitor was no longer instructed to deal with correspondence.

1 week ago at court I was told that her solicitor was now dealing with correspondence again. This was particularly important as I have to serve medical evidence on my ex and I would rather not have to provide my ex with a copy given that she has already tried to show my medical records to members of my family and other people. At court she said there was a problem with funding, though as she is not in receipt of legal aid I can only assume that she is running out of money.

2 days after the court my ex emailed me and said that her solicitor was no longer instructed.

Her solicitor then emailed me on 26th and 28th September, and wrote to me via post on 28th. I emailed her solicitor to ask and received this response yesterday:

I can confirm I was instructed by my client to file the Reports in accordance with the order made...
I understand my client will arrange to file a notice of acting if she wishes to proceed to represent herself.

I have not yet received a notice of acting and I''ve now received 4 separate communications from her solicitor since I was told she was no longer instructed.

Who do I write to now if I need to communicate? Also, to whom do I now need to provide my medical evidence?

  • TBagpuss
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02 Oct 12 #358886 by TBagpuss
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Until you get a notice of acting in person, or a notice (from the solicitor) that they have come off the court record, contine to write to the solicitor.

So far as your medical records are concerned be aware that unless there was an order syaing differently, your ex''s solicitor will be free to forward a copy of these to your ex so she will have them whetehr or not you write direct. However, when you send them you can set out in the letter that she has tried to share these with third parties andrask that her solicitor remind her that they are confidential and should not be shown to anyone who is not a party to the proceedings.

It would be possible for the court to make orders saying that (for instance) documents can be made availabel for examination in a solicitors office but not copiesd or removed, but you would need to ask a corut to specify that.

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02 Oct 12 #358891 by u6c00
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Thanks, that''s very helpful.

I raised the point with my barrister but he didn''t advise me that could be done. He discussed it with my ex''s solicitor who said that as she was now instructed again it wouldn''t be a problem.

I''m not particularly happy about it but I don''t want to be one of these parents who has to jump back to court for every single issue.

There was a report from a psychiatrist which has already been sent to her solicitor and was labelled "Strictly Private and Confidential - to be disclosed only to those with a professional interest in the case of xxxxxxxxx" so not sure if that can be provided to her.

Is it likely or possible that at the final hearing I can ask for all medical reports to be returned to their respective owners as part of the final order?

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