Divorce - Solicitor Fees

tigger115

Hi Bossyboots - not been on line for a few days. Well I was led to believe once you were divorced and that the document I have (no financial attachments etc to my ex-hubby) then he couldn't claim anything from me. If i win the lottery I will make sure he never finds me!!!

Bossyboots

tigger115 wrote:

Hi Bossyboots - not been on line for a few days. Well I was led to believe once you were divorced and that the document I have (no financial attachments etc to my ex-hubby) then he couldn't claim anything from me. If i win the lottery I will make sure he never finds me!!!

That sounds like a consent order but it would be a good idea to check it is correct. It needs to have been endorsed by the Court and also needs a specific paragraph preventing either one of you from claiming against the other in the future.

margaretclare

Bossyboots wrote:

Do you have a document though that prevents him from claiming against you if, for example you come into an inheritance or win the lottery?

This is called a 'Clean Break' and it's what it says - no claim can be made either way in the event of an inheritance, lottery win, whatever.

It might be the kind of thing that gets overlooked in a DIY divorce.

Aunty Margaret

Bossyboots

margaretclare wrote:

This is called a 'Clean Break' and it's what it says - no claim can be made either way in the event of an inheritance, lottery win, whatever.

It might be the kind of thing that gets overlooked in a DIY divorce.

Aunty Margaret

Thats right and a DIY divorce is the place they usually fall down even if a document is drawn up. If it does not meet the exact requirements of the court for clean break consent orders, any later claim is likely to be allowed. In DIY situations it is often the case that the signatures are not witnessed by someone independent as well, thus leaving it wide open to claims of duress or dishonesty.

lilac_lady

I live in Scotland and have just signed a Minute of Agreement document which means that all the money side of things has been agreed. (children grown up) It has taken 4 years from the date of separation to get my husband to agree to this. I paid £1000 to my solicitor's account 3 years ago and am dreading the final bill. Although I don't earn much I don't qualify for legal aid because I don't have a mortgage or pay rent. Any guesses about the figure I'll have to pay? Iwill be SO scared to open the envelope when it arrives.