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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.

 

Legal aid

  • psaikido
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07 Jan 19 #505564 by psaikido
Topic started by psaikido
A solicitor has told me that although I would probably win in court, it wouldn't be worth it as it would cost more than I would gain. Recently I've successfully applied for the ESA benefit and thus become eligible for legal aid. Three companies have not responded to voicemail. Am I barking up the wrong tree trying to get legal aid do you think?

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07 Jan 19 #505565 by psaikido
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Perhaps I should add that I understand that legal aid is only available if there has been domestic violence which there has not. It is just that I can't believe that I can only get justice if I can afford it :|

Some background - me and ex both in our 50s, she has a house, we married in 2015, I took on her mortgage and all finances, we separate, she says we are "quits" because she did the homemaker/domestic work. I think that due to legal precedent (Foster v Foster 2002) I am due half the rise in value of the house since that is the "matrimonial asset". A solicitor agreed but says that it isn't worth pursuing because half the rise in value would be around £15 and it would cost between £30 and £40 to take her to court.

Can anyone point me towards the light here?

  • WYSPECIAL
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07 Jan 19 #505568 by WYSPECIAL
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After a short childless marriage you tend to leave with what you came with.

£30-£40k sounds like a big quote from the solicitor! Have you asked for any other quotes?

Will just cost you the application fee if you represent yourself.

  • hadenoughnow
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07 Jan 19 #505569 by hadenoughnow
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If you are on a low income, you can apply for fee remission and help with mediation costs.

Get help paying court and tribunal fees - www.gov.uk/get-help-with-court-fees


Mediation has to be tried before you apply to court.


You can self represent. This site has several cost effective services designed to support litigants in person.

Hadenoughnow

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