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Self Rep advice...Clean break?

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30 Nov 08 #69679 by hatefighting
Topic started by hatefighting
I have a friend who is self repping. Her ex has made an offer of a lump sum transfer for the house via his solicitor. They both have 50% care of the children. She thinks its a reasonable offer in the current climate but doesn't know exactly what implications it has for other areas of the divorce. If she wants the transfer to be the total financial package, ie no maintenance etc what questions does she need to ask the ex's solicitor? I'm thinking she needs to ask if its in full and financial settlement of all ancillary relief and a Clean Break agreement. Is that right? Both parties are agreed re childcare arrangements.

She plans to seek a one off legal consultation just to check everything over when they are both agreed

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30 Nov 08 #69682 by Elle
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Yes you would def have to ask that question?

Are there any other assets, pensions for example? Whos is drafting up the agreement, paying costs etc....and scrutinise any agreement with a fine tooth comb before signing

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30 Nov 08 #69685 by hatefighting
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As far as I know they only have pensions and cars each. Do she need to be specific and say are they excluded too? The letter from his solicitor is really ambiguous in my opinion, compared to those my solictor has drawn up. I wonder if they're trying to trick her cos she's self repping. She's worried she'll accept the lump sum but then he'll come back for spousal maintenance and child maintenance.

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30 Nov 08 #69687 by hatefighting
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The divorce papers say he will only apply for costs should it become defended, does that sound right. Once they're agreed does she then ask for it to be made into a Consent Order?

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30 Nov 08 #69689 by Elle
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Its usual practise for both parties to make a full and frank disclosure of all assets and negotiate a settlement. If a settlement cant be agreed that way and it goes to court...lots of expense and stress. If it is not a clean break agreement...the door for one party to come back remains open.

Regards self repping...its stressful....disliked by the majority...but unfortunately for increasing numbers there is no other choice...and will sols take advantage...IMHO and experience...too right they will try

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01 Dec 08 #69700 by hatefighting
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Yer, luckily I'm almost at the end of the process having had full legal advice along with lots of net research and so i can help her in most respects. its the kids/spousal maintenance thing I'm not sure off. Like I say she's resigned to the fact that the offer to buy her out of the house is probably as much as she's gonna get but wants to make sure thats full and final.

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01 Dec 08 #69703 by Elle
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There is a legal surgery on wiki weekday evenings where u can get free advice from the resident barrister....Amanda. If you post financial details there are many experts in various fields who can help. PTN...how will you know an offer is as fair as you can get without full disclosure.....just a thought

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