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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.


Minute of agreement

  • Morag Jackson
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04 Dec 17 #497951 by Morag Jackson
Topic started by Morag Jackson
My husband was in later stages of cancer. His solicitor prepared a minute of agreement offering a capital sum if I gave up any claim on his estate. I signed away my legal rights. He refused payment. He died weeks later and I have no claim and no payment was made after investing in a business we built up over 20 years. The solicitor xxxx was censured by Law society for her part in what was a legal fraud

Edited to remove name of solicitor as this breaches site rules.

Wikivorce Team

  • hadenoughnow
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05 Dec 17 #497955 by hadenoughnow
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Did you know he was terminally ill?

It does seem inequitable that you are not able to claim. I guess a lot rests on the legal status of the minute of,agreement.

Unfortunately a salutary lesson in the perils of signing over assets without a legally binding financial settlement in place. You have my sympathy.

Hadenoughnow

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05 Dec 17 #497968 by Morag Jackson
Reply from Morag Jackson
The minute of agreement was registered in Edinburgh and a legally binding contract.

The solicitor had written to me and said she was in funds and would send payment to me within 7 days.

Then my husband told solicitor to withhold payment.

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