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Legal advice

(4 Posts)
despicableshe Sun 28-Dec-14 08:19:37

Now that I'm seriously contemplating divorce, what legal advice should I get? We're not very well off, so can't afford huge solicitor's fees. We have no property, he has lots of savings but honestly I am not interested in anything he has. We do have two young DC, and I do not wish to restrict access. Any advice or tips?

FlowerFairy2014 Sun 28-Dec-14 09:36:51

1. Take copies of the following before you split up - your marriage certificate, his tax returns for the last few years if he does one, his pay slips for the last year, his P60 at end of last tax year, his bank and other savings statements/shares if he has them and all credit card account statements yo both have.

2. Most divorces go best where the couple agree the finances and children issues and most of us manage that - no need for court hearings etc. However once agreement is reached get the court to stamp/seal the "consent order" (your agreement) otherwise it is not valid. So discuss it with him - eg what would he pay towards the children if they would live with you, how many nights a week they might be with him, where would you each live eg you might stay put and he pays you 20% of his net pay for the children but you take over the tenancy and pay the rent and he finds somewhere else to rent too 9if that can be afforded and he has the children Thursday to Saturday 6pm each week or whatever works best for you both. If he earns more than you do you are probably entitled to more of his savings than he is if it went to court and probably financial support for you not just the children so do not give that up if it will be necessary so you can survive.

3. If you might need to claim benefits from the state after you part you might want to look into what that might be.

Good luck with it all.

despicableshe Sun 28-Dec-14 09:51:42

Thank you FlowerFairy2014

FlowerFairy2014 Sun 28-Dec-14 10:04:30

I should have added details of any pensions. Sometimes particularly if people don't own a house the pension is the most valuable assets of all. We decided each of ours was worth about the same so did not obtain a pension sharing order to share them at age 67 or whatever state retirement age is these days. They are not treated as cash on divorce but you can get an order from lower earner to higher sharing the higher's pension when pension time comes.

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