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Legal, pensions and money

Anyone out there with experience of financial settlements via the courts in divorce?

(9 Posts)
specki4eyes Fri 04-Jan-13 22:34:31

My divorcing son and dil cannot agree on a financial settlement and her solicitor is now proposing court proceedings. Mention has been made of issuing Form A and an FDR? Does anyone know what those terms mean?

grannyactivist Fri 04-Jan-13 23:40:09

Hi specki I think you might find it worthwhile reading this: www.marilynstowe.co.uk/2011/06/28/the-fdr-hearing-and-the-first-appointment-what-you-need-to-know/

Faye Sat 05-Jan-13 02:23:35

I don't think much of a solicitor who proposes going the court route. My solicitor told me a few times we didn't want to go to court as it would cost me a large amount of money. She also said we could get a different outcome from any of the judges.

specki4eyes Sat 05-Jan-13 13:15:03

I agree Fay but unfortunately my dil's solicitor is incompetent and completely out of her depth with the negotiations and has nothing to lose by advising court action. For solicitors, divorce is win-win.
grannya hi - I have had a look at that - its a bit scary!

Mishap Sat 05-Jan-13 14:02:54

Complain to the Law Society about DIL's solicitor if you really think she is out of her depth.

Ylil Sat 05-Jan-13 14:21:38

And try and avoid having to get barristers involved or the cost will soar.

humbred Fri 17-May-13 23:06:45

I suggest u or a close relative explain to them, that an amicable settlement between both parties is a win-win for all.Court settlement is a lose-lose for your son and dil

HUNTERF Mon 20-May-13 12:05:56

I have never had any personal experience of divorce but when I lived in London a solicitor provided a service where he would look at the assets and circumstances and would provide an estimate of what each side would get.
If the divorce is amicable this would save a lot of money.
Sadly he has passed away or I would give you his contact details.
There may be a solicitor local to you providing a similar service.
Even he said the only winners were the lawyers.

Frank

Trurider Sat 01-Jun-13 12:30:43

The answer is well in England anyway that everything should be equally divided and that includes pensions. My Ex wife had a Civil Service Pension and I got a percentage of that as it is inflation proof.

An offer should be made in an letter marked 'Without Predudice' to settle on a 50/50 basis. If the other side reject this and the court decide 50/50 - they could be penalised on costs.

My ex wanted to settle under Scottish Law - not that she could as it is Statute barred in England. What she did not understand is that the value of everything was the date of separation 7 years before. The house had rocketted in value but all the extra would have been mine.