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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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Do I need a solicitor?

  • fio
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21 Sep 07 #3765 by fio
Topic started by fio
I haven't been to a solicitor at all yet although my X2B has. I have done loads of research on the internet and read all the comments on these forums, and the way I see it is there any point? We are both going to mediation, so if we come to some sort of agreement does it have to come down to solicitors at dawn? Even if we cant agree on the financial split, do I need one? I would be willing to represent myself if it comes to a court battle.
Would appreciate any advice on this from those who have had any experience.
Thanks all

  • gone1
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21 Sep 07 #3767 by gone1
Reply from gone1
No you dont need a solicitor.

But if you watched Perry Mason as a kid you will be disapointed I am afraid. In my experiance the other side rub there hands together with a sly grin if a lay person self rep. You get absolutly no quarter given from the judge either. At least I didnt.

When I self repped on my non mol I came out feeling like a criminal and I can safely say I was eaten alive. Its not something I want to do again. Being fed to the lions seems about right.

But I dont think you need to go to court at all. Someone on here mentioned a Clean Break settlement on line. Its not something I would do but hey I am not you.

Solicitors are there for a reason and provided you get a good one they are good at what they do. I let my sol rep me from now on. Getting kicked around a court room aint my idea of fun and my ex must have just loved it. Chris.

  • sexysadie
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21 Sep 07 #3770 by sexysadie
Reply from sexysadie
If you go to mediation and agree then it is worth going to a solicitor to check that you haven't agreed to anything stupid. It is also probably worth getting them to put everything in the right form for the court to ratify it - you have to have a court order of some kind for ancillary relief to be finalised. It won't cost all that much for either of these and in the first case could save you a lot of money!


  • mushroom
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  • Junior Member
21 Sep 07 #3772 by mushroom
Reply from mushroom
As I understood it my ex2b and I were going to try to avoid sols and do the divorce ourselves. However, once he instructed one I felt that I had no option as they appear on most correspondence to talk a slightly different language!!!!!

  • Vail
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21 Sep 07 #3778 by Vail
Reply from Vail

If your xtb is running the divorce let him spend the time and money. His solicitor is under an obligation to explain to you what everything means. If you don't understand anything just ask them to explain what it means. If they tell you that you should get a solicitor, explain to them that you may get one in order to give you legal advice but you are not asking them for advice, you are asking them for clarification and it is up to them to communicate with you, ie make it clear what it is they have sent you.

Sorry about being long winded about it, but don't sign anything the same day, always pause for reflection, visit the CAB, any pro bono outfit you can find (why don't I do that?) and trawl the web.

The time you'll need a solicitor is to draw up whatever you have agreed or are arguiong about in the finances.

Good luck!

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