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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.

 

Direct Access

  • Divorcing2013
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19 Aug 13 #404886 by Divorcing2013
Topic started by Divorcing2013
Hi All

I have a final hearing early next year listed for one day. My stbx is claiming that I have no interest in the marital property and that it is our childrens. The title is in our names and I am quite confident that the Court will find that I do have an interest as it is basically her word and there is no supporting documentation.

However there is still a risk that I could lose that interest if I mess up the final hearing so I am looking to instruct the best Counsel I can via direct access.

Has anyone got any advice, help or experience regarding direct access please. Including the costs, issues, what is needed etc.

Thanks for reading, hope you can help and if so, thank you for that also!

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19 Aug 13 #404890 by u6c00
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Direct Access is often more expensive than the more traditional solicitor/barrister route, though when you factor in solicitor costs it might be about the same or more. You could consider instructing a solicitor purely for the purposes of instructing counsel, though of course you''d have to factor in the solicitor''s fees. A solicitor might be able to make a good recommendation too.

If a barrister does not offer direct access work, you can''t even find out their fees yourself which is a pain because it means you have to pay a solicitor to do a ''price check'' so bear that in mind.

Another thing to note is that a barrister will likely charge a fixed fee and that is non-refundable, even if the hearing is adjourned or cancelled. As an example, the day before one of my hearings a maintenance man spilled something toxic in the air conditioning of the court and it had to be evacuated. All hearings were adjourned and the fees weren''t refundable. It is unusual for a hearing to be adjourned and nothing to get resolved though, but beware of this.

We''re not allowed commercial links on the wikivorce forum so people can''t post a recommendation here but they can send you a private message. You''ll have to put your general locality so people can help.

Are you applicant or respondent and do you know who will be producing the bundles?

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19 Aug 13 #404891 by Divorcing2013
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Thanks for all that.

I am the respondent and the stbx solicitors are producing the bundle.

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21 Aug 13 #405105 by Divorcing2013
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Anyone else have anything to add please?

Also can I ask that the fee is for the hearing so if the hearing is cancelled for whatever reason I am not charged!

Thanks again

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