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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.

 

Family Law Socicitor

  • AnaisM
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19 Mar 13 #385271 by AnaisM
Topic started by AnaisM
I wonder if anyone can offer any advice on the use of a solicitor who does not specialise in family law.
Mine is not a family law solicitor and he did tell me at the outset that I didnt need one since I would need a barrister anyway.
Am I correct in thinking that a barrister is only as good as the info provided by the solicitor. I have a very cunning narcissistic ex and need all the help I can get, and I am concerned now that it is going to court that I will be at a disadvantage with the current solicitor. I separated in July 2011 and there has been lots of communication between solicitors in that time and the current one knows the issues well ( although i sometimes doubt that he keeps up to speed with the case) and if I change now will that be a disadvantage.
Does anyone have any experience or knowledge in this area.

AnaisM

  • Tets
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19 Mar 13 #385310 by Tets
Reply from Tets
No you need a solicitor experienced in family law. You may not need a barrister with a properly qualified solicitor. Family law is very different from other areas of law.
Would you pay a lay person to advise you (how can your solicitor advise you without the right experience) on the promise that you will need a barrister anyway?

  • redwine47
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19 Mar 13 #385315 by redwine47
Reply from redwine47
Sent pm

  • AnaisM
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19 Mar 13 #385316 by AnaisM
Reply from AnaisM
Thank you Tets,

I have been thinking this for a while now. I have spoken with a family law solicitor who could act in court but said that he mostly used a barrister. It will be in the high court. I have spoken also with two or three others to see if I could get an impression if we could work together and have one particular one in mind, I am just worried about the fallout from the current one since he will not release my file until I pay him, which I cannot do until the family home is sold. He tells me that my bill with him to date is around £12000 and the only time I have been to court is for a joint consultation where my solicitor and barrister were present as were my husbands
I am angry that he told me I didnt need a specialist solicitor when I did.

Many many thanks again for your help.

AnaisM

  • redwine47
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19 Mar 13 #385318 by redwine47
Reply from redwine47
You could always go to the legal ombudsman if you feel ur not happy about the bill or services received. You have to write to write complaint to solicitors first.

I did this for previous solicitors and had to get the bill taxed by judge. He did reduce the bill but after costs it was hardly worthwhile. I also made complaint to ombudsman about service & nothing was done.

Rw

  • AnaisM
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19 Mar 13 #385321 by AnaisM
Reply from AnaisM
Yes Redwine, this seems to be the trend, they can get away with doing very little and charging a lot and there is no route open to people with little money to challenge this.

The family law system seems to be so discriminatory,women own very little of the worlds wealth so are automatically at a disadvantage within this system. And ironicly this is probably the most needed section of the legal system for women.

Thank you again.

Sent you a pm.

AnaisM

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

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