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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.

 

Fees question

  • rajpoot
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26 Mar 22 #519047 by rajpoot
Topic started by rajpoot
Partner is acting as LIP and is filing docs prior to FDA. Since mediation the respondent (her ex) has delayed giving and financial disclosure until form E. Her then solicitor asked his about disclosure and was told he was preparing and would be in contact re voluntary exchange of form e. That never happened hence finance application. Just before form e exchange he made an offer but it was v low and contained incorrect figures. When questioned about these no reply. His form e does not contain some bank accounts where he transferred around £8k. Question though is around legal fees. He is aiming to claim 50% of these. My understanding was each party pays there own However due to his delays and omissions can she put in a claim for her costs? TIA

  • hadenoughnow
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26 Mar 22 #519048 by hadenoughnow
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In financial proceedings each part pays their own costs. It is rare for costs to be awarded unless there is serious litigation misconduct e. g. leading to wasted hearings etc.
There is a new move by the courts to strengthen encouragement to settle. As part of this each party may outline steps taken to try to do so in a brief position. statement. As this is quite a recent change, it is not yet clear whether it could increase the chance of costs consequences.

Hadenoughnow

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26 Mar 22 #519050 by rajpoot
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Perfect thank you!

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