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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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Power and Control

  • Jane2014
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19 Feb 17 #489061 by Jane2014
Topic started by Jane2014
In America there is clear guidance regarding the relationship between lawyer and client in respect of power and control.

Do we have anything similar in the UK or just the Barristers code of conduct?

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19 Feb 17 #489062 by Bubblegum11
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I'm afraid I'm not familiar with the US so can not compare. But here the barristers are regulated by the Bar Standards Board and follow the BSB Handbook.
It can be found here;
www.barstandardsboard.org.uk/regulatory-...ements/bsb-handbook/

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19 Feb 17 #489063 by Jane2014
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Thank you I have read through the code of conduct. Do you have any idea which category the following would come under:

Threatening to request the court to order a psychological evaluation of the client without just reason.

If there was just reason as to doubt capacity for litigation, why the hearing was not adjourned.

Making the client think she or he is crazy (unstable was the word used by my barrister).

Also regarding client confidentiality, should my barrister have told the Judge that I lacked capacity and could not communicate, in front of my ex husbands barrister. Unfortunately this was a domestic abuse case and I do feel once they were aware of this, they knew not to back down as I was incapable of standing up for myself.

Thanks

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19 Feb 17 #489064 by Bubblegum11
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I do not know the answer, but if it were your own barrister that you were not happy about I think your first point of call would be the legal ombudsman (after raising the issue with barrister's chambers). Maybe they can give you some further guidance.

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19 Feb 17 #489066 by Jane2014
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Yes I have done that but I need the exact regulation to show she broke her core duties rather than just me saying that is the case.

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20 Feb 17 #489077 by dukey
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If a barrister or solicitor thought or had some evidence that a client was unable to instruct they would inform the official solicitor to assist.

Unstable however is just emotional, erratic, and they just continue, unstable is common and just part of their job.

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22 Feb 17 #489175 by Jane2014
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It is stated on the transcripts that I "lacked mental capacity" she is "unable to understand, communicate or give instructions". I was unaware of this until I received the transcriptions.
My barrister said to me I would be deemed "unstable" if I did not sign the Consent Order and I would need a medical. Although I did have my medical report in the bundle.
Under the Mental Health Act 2005 and CPR 21 a case should be adjourned under these circumstances. Do you have a different opinion?
The Official Solicitor was not able to assist as he was elsewhere. That is also discussed in the transcription.

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