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Do we both need a solicitor for a consent order?

(12 Posts)
VivaVegas Wed 27-Nov-19 16:34:09

STBXH is having his solicitor draw up the consent order based on agreed financial split.

The settlement is in my favour for a number of reasons so I know I'm not being ripped off.

My solicitor seems to think they have to be involved in reviewing the order, discussing with me, checking disclosure etc and through to signing the order for which they want over £1500.

Given we have agreed the financial split, that I'm in agreement with it do I even need a solicitor for this?

OP’s posts: |
Itsallchange Wed 27-Nov-19 19:48:48

I had a solicitor who wrote the consent order but we had agreed it in principle first, she sent it to him to sign and the form makes it clear he hasn’t got a solicitor. I guess the judge could send it back if it was deemed to be unfair or seemed like the person with no advice was being ripped off! Xx

toobusytothink Wed 27-Nov-19 19:51:32

Nope. I agreed with my stbxh. I had my solicitor draw it up for £300. She sent it to ex to sign advising that he should get legal advice but not compulsory.

toobusytothink Wed 27-Nov-19 19:53:11

My ex doesn’t even have a solicitor btw. We did the divorce online between us. What have you used yours for up to now?

Toomanycats99 Wed 27-Nov-19 19:54:17

My ex chose not too. I did have one. I think if the settlement looked to be fundamentally unfair and skewed in favour of the person that has one the judge might question it but mine has just been signed off ok. I was a little worried.

Toomanycats99 Wed 27-Nov-19 19:55:06

The one without legal advice has to say they have chosen not to have advice.

wendywoopywoo222 Wed 27-Nov-19 19:59:49

We did ours between us. When it went before the judge he was concerned that it favoured one side more than the other. We were called into his chambers to see him. Explained our reasoning and he signed it then and there. He just wanted to make sure we both understood completely. Did the whole thing online.

HollyIvy89 Wed 27-Nov-19 20:07:38

I think that it’s advisable to have sought legal advice in case when comes to divorce a court can see you have both been well informed. If one does not take legal advice on a document they sign coming form say you and your solicitor they may later argue they felt pressured and didn’t understand.

user1019273703 Wed 27-Nov-19 20:11:30

No. I haven't got a solicitor as hardly any money to sort out. His solicitor has done it all. I think you can read plenty online and know what it all means but not be screwed over.

VivaVegas Wed 27-Nov-19 22:28:09

My STBEH has got his solicitor drawing it up based on terms we have agreed and are both happy with.

The £1500 my solicitor wants us to review this, check disclosure (which I don't believe we need to do as we have agreed between us how we will split things and why), take into account any redrafted, liase with his solicitor and get it signed.

I have only used them for my free hours advice and then paid a set fee to deal with my husband breaching our parenting plan. And then they tried to charge me more than agreed up front with me so I'm just a bit wary of being ripped off and paying for something I don't really need.

OP’s posts: |
Toomanycats99 Thu 28-Nov-19 06:08:48

I guess it's your call. The £1500 maybe seems a little steep though as I have paid less than that to have mine drafted by them etc.

Regardless of whether you have some to an an agreement or not though there still has to be full disclosure and the solicitor needs to be comfortable with that.

Solitaryradiator Fri 29-Nov-19 13:04:31

No you don’t. I have a solicitor and my ex doesn’t. We’ve agreed the consent order, my solicitor will draft it and he will sign it. Absolutely no need for 2 solicitors if no disagreement

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