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Read our latest Financial Settlements guide (2021)

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.

Entitlement

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Treacle73
Posted by
New Member

17 Mar 16 #475625 by Treacle73

Topic started by Treacle73

I,

Can anyone advise me please?. I did not attend court in February due unable to pay for solicitors as I was unemployed. Therefore judge ruled everything in favour of my ex-husband. However there is a property involved in which although my name not on the mortgage our previous property it was joint. Solicitor advised me to sign a covenant with a share.
I have since become employed and wanted pursue this with a solicitor which I was informed that I had a case but it was going to cost me at least £15,000 in legal costs

which basically swallows up nearly what I am entitled to.

Does anyone know of actual cost involved?

Thanks
Claire

.Charles
Platinum Member

17 Mar 16 #475636 by .Charles

Reply from .Charles

If you intend to appeal the order you are likely to have to obtain leave to appeal, make the appeal itself and, if successful, have the order varied or set aside for re-trial.

On a cost versus benefit analysis I would say it wasn''t worth the risk as you could easily spend £7k+ in dealing with the application for leave and the appeal itself. If you fail, you are likely to have to pay your ex-husband''s costs which will be similar in amount.

The difficulty that you face is that you did not attend court. Being unable to pay for a solicitor does not excuse your attendance and on that basis you might not even be able to obtain leave to appeal.

Charles

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