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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 852
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My wife and I are separating. she has a solicitor acting for

Resolved Question:

my wife and I are separating. she has a solicitor acting for her but im trying not to have a solicitor to keep costs down. my question is her solicitor has asked for my p60 and naval pension details is this normal practice.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
Thank you for your question.
I am a Solicitor and will assist you.
It is likely that your wife's solicitor is asking you for these documents as she is going through the process of financial disclosure with a view to obtaining a financial settlement.
In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your wife need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement. Everything is included in disclosure.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs, future care of children etc
You should consider making a referral to a specialist mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
To keep the costs low and not to duplicate any work - I would recommend that you suggest that the process of full and frank disclosure should be undertaken at mediation rather than now. Your wife's solicitor won't be involved in the mediation process - it will just be you, your wife and the mediator.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim. A Solicitor can help you draft the Consent Order to protect your position for the future. If a consent order is drafted by your wife's solicitor then you should instruct a solicitor to check this over for you - this should only cost circa £200 - £300.
Kind Regards
Caroline
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Expert:  ukfamilysolicitor replied 1 year ago.
Please remember to rate positively - your question will not close and I will be able to answer your follow up questions for free