timefactors watches
Results 1 to 6 of 6

Thread: Divorce: financial and children legal advice

  1. #1

    Divorce: financial and children legal advice

    It seems that the process now is a lot more easier but I am still getting conflicting advice regarding what 'court orders I need.

    On the basis that the divorce is amicable (as much as it can be) I have been told that a parenting plan and a letter of undertaking (duly signed by both parents) is sufficient.

    On the other hand, one of the solicitors I spoke to you was pushing for me to get a financial order and a custody order. The former is far more involved with lots of evidence of assets and income, while the latter is easier but very prescriptive.

    While I am happy to have a looser arrangement regarding the children, so I can get more access if need be I would like to make sure that a letter of undertaking is sufficient. We have agreed split of assets and support etc, its just finding the most sensible and cost effective way of doing it, without loads more stress.

    thanks

  2. #2
    Craftsman
    Join Date
    Nov 2016
    Location
    London
    Posts
    334

    Divorce: financial and children legal advice

    Regarding the financial aspect, get a financial order. This may include maintenance if your kids are still in school (not tertiary education). That way it's a clean break. Not doing so leaves you wide open to a challenge down the road should your ex partner's situation change. I divorced 16 years ago and am very glad I did it that way. I am currently studying law as a mature student. Incidentally, the agreement can be done via mediation without resorting to going to court.


    Sent from my iPad using Tapatalk
    Last edited by tswatch66; 13th September 2017 at 13:50.

  3. #3
    ill put a little context into divorce lawyers, I spent a fortune getting orders and defending financial claims, the lawyers nudge you along telling you your rights, and basically perpetuating the battle. the access order cost about 30k and when she started to break it I found out that they are only good for 18 months, so a waste of money.

    The best thing is to keep things friendly and sort it out between you, don't fall out with her, avoid the war, eventually some sort of normality will establish itself

  4. #4
    Thanks. My confusion stems from conflicting advice between a solicitor and community lawyer

  5. #5
    Grand Master Chris_in_the_UK's Avatar
    Join Date
    Nov 2004
    Location
    Harrogate, UK
    Posts
    31,828
    Quote Originally Posted by adrianw View Post

    The best thing is to keep things friendly and sort it out between you, don't fall out with her, avoid the war, eventually some sort of normality will establish itself
    This what we did.

    My (now ex) agreed to cover the divorce application costs (she had an affair) and we sat down and agreed the money split and access etc. To formalise things we drew up a deed of separation and had it witnessed by a solicitor (cost 20).

    Went fairly smoothly once we got the solicitors out of the equation.
    When you look long into an abyss, the abyss looks long into you.........

  6. #6
    Master
    Join Date
    Jan 2010
    Location
    Cheshire
    Posts
    3,165
    My (now ex) agreed to cover the divorce application costs (she had an affair) and we sat down and agreed the money split and access etc. To formalise things we drew up a deed of separation and had it witnessed by a solicitor (cost 20).

    Went fairly smoothly once we got the solicitors out of the equation.
    Sounds the best route, just from litigation experience it is common for solicitors to want to perpetuate a battle as long as possible so that the equity lawyers can earn as much as possible for the practice.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •