A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


Do you need help sorting out a fair financial settlement?

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.


Advice from Barrister on financial settlement

  • Chancerspa
  • Chancerspa's Avatar Posted by
  • Junior Member
  • Junior Member
More
23 Dec 07 #9455 by Chancerspa
Topic started by Chancerspa
My solicitor has advised, having assessed mine & ex's form Es, that a 50/50 split of assets (mostly resdue from a house sale) & 1/2 my pension to 2bx, seems reasonable.

But she then suggests that advice is sought from a barrister, & has gote a quote of about 400 pounds for this. Anyone else had this - or is it another 400 down drain I don't have?

I am the resident parent, & have had the Decree Nisi issued. My ex is studying abroad (yes - why?)& so has less income.

  • escapy
  • escapy's Avatar
  • Senior Member
  • Senior Member
More
23 Dec 07 #9462 by escapy
Reply from escapy
Hello, I am using a barrister, mainly due to my s2bx incomplete form E and his very complicated finanaces AND his in ability to take on the process. So far i have found the barrister has given good but expensive advice, and has cut to the raw facts clearly.Perhaps if there is no dispute on the split you can avoid a barrister. I am sure i can not get a quick result and decisive for both parties with out the barrister. The cost is a big worry though.

  • attilladahun
  • attilladahun's Avatar
  • Platinum Member
  • Platinum Member
More
23 Dec 07 #9464 by attilladahun
Reply from attilladahun
If it is written advice ie no conference necessary the fee is on the high side. A written advice could be obtained for Junior Counsel (ie someone with less than 5 years call) for say £250 + VAT max

  • Chancerspa
  • Chancerspa's Avatar Posted by
  • Junior Member
  • Junior Member
More
24 Dec 07 #9494 by Chancerspa
Reply from Chancerspa
escapy wrote:

Perhaps if there is no dispute on the split you can avoid a barrister.


The reason for getting a barrister's advice seems to be to check that a proposed financial settlement will be OK'd by the court when they consider the Decree Absolute. My understanding is that a court will object if they think a settlement is unreasonable?

I am assuming that if a settlement is reached between us outside of court, neither of us will have to attend a court hearing, & if the settlement seems reasonable the issue of the Decree Absolute is straightforward.

  • attilladahun
  • attilladahun's Avatar
  • Platinum Member
  • Platinum Member
More
25 Dec 07 #9510 by attilladahun
Reply from attilladahun
If either of the parties are self repping the Court will list the matter for a 10 minute hearing

If both paties have solrs the Minute of Agreement will be filed + Statement of financial information + Court fee (£30) and attendance not usually necessary unless a hrg is v close

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11