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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.

 

Barrister knowledge

  • Jane2014
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22 Mar 17 #490321 by Jane2014
Topic started by Jane2014
Please could someone advise me if all public access barristers are capable of entering into litigation in financial divorce proceedings, or do I have to find a barrister who specifically deals with these issues?

  • Bubblegum11
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22 Mar 17 #490322 by Bubblegum11
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Generally speaking barristers cannot conduct litigation. They need permission/authorisation from the bar to do so. There are a few who may do (usually ones who were solicitors before becoming barristers.)
You can search for them on the direct access portal and tick the litigation box. I'm guessing your options will be rather limited though.
www.directaccessportal.co.uk/search/1/barrister

A DPA barrister can still draft your documents for you without litigating for you.

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22 Mar 17 #490323 by Jane2014
Reply from Jane2014
Thank you.
Regarding a barrister representing me at Court in financial divorce proceeding, would they need qualifications in this field of law or can any barrister take the case.

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22 Mar 17 #490325 by Bubblegum11
Reply from Bubblegum11
Barristers are specialists in particular areas of law. You wouldn't use a criminal barrister in a family case. You would want a barrister who specialises in family law. Some have specialist areas within this category i.e. Children, finances etc.
You can search for a barrister in the area you require using the link I have sent you. Alternatively the barristers chambers clerks are very good at identifying suitable barristers for you. You would need to send them a basic summary of your case, seniority required (number of years practicing), budget and what you want them to do eg: advise, represent, litigate etc.

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