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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.

 

Collaborative Law

  • Hermarnie
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24 Jun 08 #28520 by Hermarnie
Topic started by Hermarnie
I want to know if Collaborative Law is the best option to go down for a legal separation as I want it to be as amicable as possible and not drag on. Also I want to the costs of legal fees to be less. Is this the best course?

  • D L
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24 Jun 08 #28527 by D L
Reply from D L
Hi there

Collaborative law is designed for couples able to sit in a room together to try to resolve matters - each with their own lawyer.

It is not usually cheaper, as you still both have your own lawyers, nor is it usually quicker.

If you can, why not try mediation, which is cheaper, or even solicitor mediation which is where one solicitor assists you in reaching agreement independently of both of you - that way you will save costs.

Amanda

  • mike62
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24 Jun 08 #28531 by mike62
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Hermarnie,
Welcome to wikivorce. Well done to you for wanting to keep things as amicable as possible.
You might find this posting about some of the practical aspects of separation useful to read:
www.wikivorce.com/divorce/Divorce-Forum/...-the-key-issues.html

If both parties are willing to participate now, then I would suggest getting on with it, as you appear to wish to do. Time and discussion (particularly finances) sometimes polarises one or other party's views, and co-operation can sometimes become disenchantment and ultimately conflict.

Collaborative law, with the right participants, looks to find agreement between the parties, rather than the traditional adversarial approach. Another possibility is to use Mediation and when the mediator has drawn up the parties wishes, it can be drated into a Consent Order and both parties can take legal advice at that time. Mediation plus final legal advice would be slightly cheaper than collaborative law route. See this post:

www.wikivorce.com/divorce/Divorce-Forum/...rough-mediation.html


Look out for solicitors that specialise in family law and are members of Resolution ( www.resolution.org.uk )

Another important point to take from the above posting is that both parties MUST take legal advice for the Separation Agreement to remain unchallengeable in the future.

Best of luck, I hope you manage to get it resolved quickly. Life is too short

Mike

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