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Intelligent Divorce LLP Terms and Conditions

TERMS AND CONDITIONS 

If you have any concerns about resolving your finances using Intelligent Divorce LLP please do not use the site and instead take independent legal advice from an experienced family law solicitor

Intelligent Divorce LLP
The Intelligent Divorce website, www.intelligentdivorce.co.uk, is owned and managed by Intelligent Divorce LLP.

Intelligent Divorce LLP is a Limited Liability Partnership registered in England and Wales.

Registration number: OC359507

Registered office address: Endon, The Street, Wilmington, Polegate, East Sussex, BN26 5SQ

Email address: info@intelligentdivorce.co.uk

Telephone number: 0844 745 6850

VAT registration number: 103006193

Data controller: Intelligent Divorce LLP

Data Protection Registration number: Z2580308

Use of Website
Your use of this website and our process is only permitted once you have read and accepted our Terms and Conditions and Disclaimers. If you do not agree with our Terms and Conditions and Disclaimers, then you are not authorised to use our website or our process. 

Jurisdiction

This website only deals with the law in England and Wales and is not applicable to any other jurisdiction including Scotland.

Information on this Website

The information contained on this website has been compiled by experienced family solicitors and barristers.   It is however generic in nature and is not specific to you - therefore the way you use this website is personal to your own situation.  Intelligent Divorce LLP and the contributors to the site cannot be held responsible for any action (or lack of action) taken by any person or organisation based as a result direct or otherwise on information contained in our site.  If you have any concerns whatsoever about any of the decisions you are making using this site, then you must take independent legal advice from an experienced family solicitor.

What Intelligent Divorce LLP offers

Solo service

A process which will enable you to obtain a barrister's opinion on your financial situation.

1.      Our specialist software will assist you in setting out your relevant personal information, assets, liabilities, income and income needs, and those of your ex-partner so far as you know them. 

2.      This information is then used to create bespoke forms, including an Asset Schedule, with accompanying notes if necessary, setting out the assets, liabilities, income and income needs you have told us about, which are sent off to the barrister instructed to provide an opinion on your case. 

3.      The provision of an opinion on your finances and how they should be dealt with on divorce from an expert barrister at 1 King's Bench Walk, via Dawson Hart who will instruct them. 

4.      Access to informative guides to help you at each stage. 

Co-operative service

A process which is designed to help you reach an agreement with your ex-partner on the division of your finances and once an agreement has been reached the conversion of that agreement into a consent order for lodging with the court.  

The fundamental premise is that all information within the co-operative service is shared information and the opinion and consent order will be available to both of you.  

1.      Access to our specialist software which provides a framework for you to set out your relevant personal information, your income needs, your respective and joint assets, liabilities and income and satisfy each other about the accuracy of this financial information.  

2.      This information is then used to create bespoke forms, including an Asset Schedule, with accompanying notes if necessary, setting out the assets, liabilities, income and income needs you have told us about. Those forms are sent to the barrister instructed to provide an opinion on your case. (This is directed to one of you but is entirely objective.)

3.      The provision of an opinion in relation to your finances and how they might be dealt with on divorce from a specialist barrister at 1 King's Bench Walk, via Dawson Hart who will instruct them. (This is directed to one of you but is entirely objective.) 

4.      Access to our specialist software and detailed explanatory guides to help you reach your own agreement. 

5.      Once agreement is reached and recorded using our specialist software we will arrange for Dawson Hart to prepare a consent order based on your agreement. (This is directed to one of you but is entirely objective.) 

6.      Access to informative guides to help you at each stage.

What Intelligent Divorce LLP does not offer 

1.      We do not offer legal advice.

2.      We cannot accept responsibility for the truth, accuracy or otherwise of the disclosure you provide to your ex-partner or any of the information you provide. 

3.      We cannot accept responsibility for the truth, accuracy or otherwise of the disclosure your ex-partner provides to you or any of the information they provide. 

4.      Whilst we believe the advice in the opinion received from the barrister will be of the highest quality, we cannot take responsibility for that advice.  The barrister is covered by his or her own insurance policies in respect of the work they do for the person to whom the opinion is provided.  

5.      Likewise so far as the consent order prepared by Dawson Hart is concerned, whilst we believe that it will meet the legal requirements of your agreement, we cannot accept responsibility for the accuracy of that consent order. Dawson Hart are covered by their own insurance policies in respect of the work they do for the person for whom they prepare the consent order. 

6.      We do not take responsibility for the agreement that you have reached with your ex-partner.  That is your agreement. 

7.      We cannot guarantee that the agreement that you have reached embodied in the consent order will be approved by a Judge.  The Judge will consider whether it is fair and reasonable to each of you.  It is your task to ensure that it is. We will supply you with tools to 'reality test' your agreement. 

Divorce Tools

If you have not already started formal divorce proceedings, we will allow you (in the co-operative service only) access to our Divorce Tools which will assist you in the compilation of all the forms necessary to progress your divorce to Decree Absolute.  We will also provide you with template letters to enable you to communicate with the court.  This software creates document templates based on the information you have entered.  It is intended to assist you in compiling the documents you need to get divorced.  It is not intended to replace the provision of independent legal advice if you wish to obtain it.   As such we cannot be held responsible for the use you make of any document within the Divorce Tools without taking independent legal advice. 

Instruction of Dawson Hart Solicitors

We work in tandem with Dawson Hart Solicitors, a highly respected firm of solicitors in Uckfield, East Sussex.  They will instruct the barrister and prepare the consent order (technically for one of you, but which you have agreed to share) once you have reached agreement.  

Dawson Hart do not pay us for the work we give them.  Within the solo service £50 plus VAT is paid to them for instructing the barrister. Within the co-operative service £50 plus VAT is paid to them for instructing the barrister and £200 plus VAT is paid to them for preparing the consent order. There are no referral fees of any sort involved.  

In order for you to proceed with the processes offered by us, the solo user (if using the solo service), or the first one of the co-operative users to register on the site (if using the co-operative service) will need to instruct Dawson Hart, as, at present, members of the public cannot instruct a barrister at 1 King's Bench Walk to prepare an opinion on their case without a solicitor. Dawson Hart will ask that person to sign separate Terms and Conditions with them. See below.  

The consent order that is drafted by Dawson Hart to reflect your agreement contains legal advice from Dawson Hart but only to the person who is their client and not to the person who is not (although under the agreement between you that advice is to be shared). Intelligent Divorce LLP cannot take responsibility for the correctness or otherwise of that document.  

Dawson Hart's Terms and Conditions 

We require you, if you are a solo service user, and the first of you to register on the site if you are co-operative service users, to agree to instruct Dawson Hart to act for you and agree to return to us Dawson Hart's signed Terms and Conditions letter when requested by us. You also by ticking the box below authorise us to release to Dawson Hart sufficient information to carry out a conflict search to ensure they are able to act for you.  

Instruction of a barrister  

Intelligent Divorce LLP and Dawson Hart work with barristers at 1 King's Bench Walk, Temple, London, one of the leading specialist family chambers in the UK. Neither you nor Intelligent Divorce LLP can instruct 1 King's Bench Walk directly as the barristers at 1 Kings Bench Walk do not currently permit what is known as 'direct access'.  All instructions must be provided through a solicitors' firm – in this case Dawson Hart. The barrister chosen is not the responsibility of Intelligent Divorce LLP save that we confirm the barrister will have at least 4 years specialist experience in family law. The opinion that is drafted by the barrister will contain legal advice from the barrister but only to the person who is their client and not to the person who is not (although under the agreement between you that advice is to be shared). Intelligent Divorce LLP cannot take responsibility for the correctness or otherwise of that document.

Legal Advice and Intelligent Divorce LLP 

Intelligent Divorce LLP is not a solicitors' firm.  We do not offer legal advice. 

Legal Advice and You 

  1. Under the solo service: we will arrange for that person to get an expert opinion from a specialist family law barrister at 1 King's Bench Walk Chambers, one of the leading sets of family chambers in the UK 
  2. Under the co-operative service: 
    1. At present it is not possible for a solicitor or a barrister to act for both of you within divorce or finance proceedings. 
    2. Because the co-operative service in Intelligent Divorce is aimed at couples who can co-operate, only one of you (the first to register on the site) will be the one who receives the opinion from the barrister and for whom the solicitors we use – Dawson Hart – prepare the consent order. The barrister and the solicitor will only therefore act for one of you (the first to register on the site) though they will approach the work they do from an entirely objective perspective. 
    3. The person who is technically in receipt of the legal advice from the barrister and Dawson Hart under the Intelligent Divorce process must agree to share the opinion and the consent order with their ex-partner. That person will be required as they go through our process expressly to give their consent to these documents being shared.

Insurance 

Both Dawson Hart and all the barristers at 1 King's Bench Walk involved in this process have professional indemnity insurance of at least £1,000,000.  

Co-operative service only

It is very important that whichever of you is not Dawson Hart's client and therefore not technically in receipt of the barrister's opinion or consent order understands that they do not have any right to take legal action against Dawson Hart or the barrister in respect of the opinion or the consent order as they are not clients of either. That person only has access to those documents because of the agreement with their ex-partner to share the same. 

Furthermore Intelligent Divorce LLP does not provide the opinion or the consent order. We provide one of you with access to the barrister to obtain the opinion and to the solicitor to draft the consent order. Intelligent Divorce LLP does not take responsibility for the correctness or otherwise of either document. 

Therefore one consequence of our system that we feel we must point out in clear terms is that whichever one of you is not Dawson Hart's client and therefore not technically in receipt of the barrister's opinion has no-one to sue if things go wrong. 

As a result if you have any concerns about resolving your finances using Intelligent Divorce LLP please don't use our process, and instead take independent legal advice from an experienced family law solicitor. 

Instruction of an Actuary in respect of pensions 

We are not responsible for the advice given by any Actuary instructed by either or both of you.  The Actuaries mentioned within our website are covered by their own insurance policy in relation to the advice they provide to you.

Instruction of an Accountant in respect of business valuations 

We are not responsible for the advice given by any Accountant instructed by either or both of you in respect of business valuations. The Accountants mentioned within our website are covered by their own insurance policy in relation to the advice they provide to you. 

Limitation of Liability in respect of the use of this site and system 

We have set out above what we do not do.  We will not accept any liability for any of the following: 

1.         The quality or accuracy of the disclosure provided by or to you by your ex-partner.  

2.         The fairness or otherwise of the agreement reached between you and your ex-partner. 

3.         At any stage in the process where you are asked to sign off on the site that you have satisfactorily completed that stage of the process and have signed off to that effect that you have in fact completed that section properly or provided information accurately or truthfully.  

4.         The services provided to either of you by any of our third party partners who are liable directly to whichever of you technically instructs them for the quality and accuracy of the services they provide.  

5.         Your use of our Divorce Tools and template letters for which there is no charge.  

Delivery of our services

Intelligent Divorce LLP will supply its services by suitably qualified non-legal staff who understand the software and the process involved. At all stages you and your ex-partner are responsible for providing truthful and accurate information requested by our software and to our case managers. If you do not provide accurate and truthful information then that is your responsibility. If the information is not produced in accordance with the timescales we have set down, we are not responsible for any consequential delays which will render the timescales given in our advertising and promotional material null and void.  We will do all that we can to deliver our services to you as quickly as possible and in accordance with the timescales on our website. However we are not responsible for delays caused by you. 

We will commit to providing a barrister's opinion within 1 calendar month of all necessary information and personal identification having been submitted to us by the solo service user, the full amount also having being paid. 

We will commit to providing a barrister's opinion within 1 calendar month of all necessary information and personal identification having been submitted to us by the co-operative service users, the full amount also having being paid. 

We will commit to providing a consent order within 1 calendar month of the agreement being signed off by both users on the co-operative service. 

We cannot be held responsible for any delays due to information being changed after submission, identification documents not being sent to us or any other delay caused by an act or omission of any user. 

Your case manager and our support staff can be contacted as follows: 

Via the website (when registered): by sending a message from the Messages section  

Telephone (Monday to Friday) from 9am to 5.30pm: 0844 745 6850 

By email on: support@intelligentdivorce.co.uk 

By post to:       

Intelligent Divorce LLP
101 High Street
Uckfield
East Sussex
TN22 1RN 

Delivery of service and payment

(All our payments include VAT.) 

You are welcome to use sections of our website free of charge.  However if you wish to utilise the co-operative service, or 'Submit data' to us on the solo service, then the following payment points exist. 

Solo service 

The total cost of the solo service, including obtaining the barrister's opinion, is £599 plus VAT - £718.80 in total. 

The Asset Schedule can only be viewed when full payment has been made. This doesn't have to happen until just before you submit your data to us.  

However if you want to see your Asset Schedule before that stage, you will need to make the full payment. When full payment has been received, you will be able to view the Asset Schedule.

Co-operative service 

The total cost of the co-operative service, including obtaining the barrister's opinion and drafting of the Consent Order, is £999.98 plus VAT - £1,197.60 in total. You can share the payment between you as you wish - if you each pay half it is £499 plus VAT each, or £598.80 including VAT.   

Initial payment 

To start entering data on the co-operative service an initial payment of £299 plus VAT - £358.80 including VAT - has to be made between you. This payment gives you: 

1.      The enhanced content of the co-operative service. 

2.      The ability to view each other's progress and data entry. 

3.      Telephone and messaging support from your newly appointed case manager. 

4.      Access to the Divorce Tools part of the site, so long as no Divorce Petition has yet been lodged at a Court. Intelligent Divorce LLP will help you finish the divorce process even if the remaining monies are not paid.

Payment of the remaining monies 

Payment of the remaining monies due means that we will complete the process for you (subject to you both complying with the terms of the process) to include: 

1.         Arranging for your personal information, agreed Asset Schedule, income needs and the other necessary information to be sent to the barrister for an opinion on your circumstances. (This is directed to one of you but is entirely objective.) 

2.         Providing you with the opinion on receipt on the basis that whichever of you technically receives the opinion has given their consent to that opinion being shared with the other.  

3.         Providing you access to the Agreement page on the site and materials explaining the possible agreements that can be made to assist you in the process of reaching your own agreement based on the opinion in so far as you want it to be.  

4.         Arranging for Dawson Hart to prepare the consent order for one of you recording your agreement in legal terms, once you have reached agreement and recorded it on our bespoke software. This is on the basis that whichever of you technically receives the consent order having given their consent to it being shared with the other 

5.         Providing you with the documents to lodge the consent order with the court, once the consent order is agreed by you.  

6.         Providing all the template letters to help you through the process and to liaise with the court with full case management support in place throughout the process.  

We never hold any debit or credit card details.

Refund and cancellation policy 

We are committed to being fair to our customers and transparent in our charging policies.  

You can cancel your registration any time while you are using the website for free by telephoning Intelligent Divorce on 0844 745 6850 or emailing us at support@intelligentdivorce.co.uk.  

Refunds will be made according to the following circumstances: 

Solo service 

Once you have submitted your data and paid, we will refund your money only if, when our case manager looks at your financial information when submitted, they decide that our process is not suitable for your finances. 

In that case we will refund all the money paid.  

If there is no activity on your part for 4 months, the process will be aborted and any monies paid will not be refunded.  

Co-operative service 

Before both of you have clicked 'Submit data' 

1.         If there is no activity on either side for 4 months, the process will be aborted and we will refund all the money paid less the initial payment of £425.  

2.         If you contact us saying you do not wish to continue, the process will be aborted and we will refund all the money paid less the initial payment of £299 plus VAT (£358.80 in total).  

After both of you have clicked 'Submit data'

 4.         If, when our case manager looks at your financial information, they decide that our process is not suitable for your finances, we will refund all the money paid including the initial payment of £299 plus VAT (£358.80 in total), and abort the process.  

5.         If you contact us prior to the barrister being instructed by Dawson Hart saying that you do not wish to proceed, we will abort the process and refund the monies for the barrister (£480 inc VAT) and Dawson Hart (£300 inc VAT) only. 

6.         If you do not sign off on the agreement page within a 3 month period of the opinion being received by one of you and shared with the other, we will abort the process and not provide you with any refund.  

7.         If you do not sign off on the consent order provided by Dawson Hart to one of you and shared with the other within 1 month of it being sent to you, we will abort the process and not provide you with any refund. 

Complaints 

We pride ourselves on our customer service.  Any issues raised will be replied to by our case managers within 24 hours.   

Commercial use limitation 

The use of the website and the documents when downloaded by you are for your personal use only.  You may not use the website or the documents for any other purpose except for your own personal use.  You may however use the documents as many times as you wish.  You may not use the documents for any commercial purpose whatsoever and the copyright in them belongs to Intelligent Divorce LLP.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from transfer or sell any information products or services obtained from this website. 

Privacy policy 

1.         We are committed to protecting your privacy. We will only use information provided by you for the following purposes: 

(a)        To enable you to go through the process of obtaining an opinion on your finances from a barrister and (co-operative service only) resolving your finances using Intelligent Divorce LLP.  

(b)        The disclosure of your finances as set out in the agreed Asset Schedule, your personal information and your income needs to Dawson Hart and to the barrister for the provision of the opinion directed to one of you but which (if relevant) you have agreed will be shared.  

(c)        The agreement reached to Dawson Hart for them to draft the consent order directed to one of you but which you have agreed will be shared.  

2.         We will not divulge any of your information to a third party partner unless you have given your authority for us to do so.  Where it forms part of the process, then that authority is presumed given unless specifically withdrawn in writing by you.  

3.         We will not disclose your details to any third party except as in paragraph 1 and 2 above.  

4.         We will only contact you as it relates to your matter, and once you have finished using Intelligent Divorce LLP we will not send you any correspondence relating to any other product or service we may offer.  We will however send you a user questionnaire asking you what you think of us.  

5.         We will return all original documents to you within 14 days of receipt.  

6.         Once your matter has completed or you have ceased to use Intelligent Divorce LLP all your details will be deleted from our database and any hard copies of documents shredded after no longer than 6 months.  We may need to keep your records for that period in case issues arise in respect of your use of our website and services.  

7.         All electronic information we collect about you will be held securely on our own secure system and in line with our own internal security protocols.  

8.         We may use technology to track the pattern of behaviour of visitors to our site.  This can include using a cookie which would be stored on your browser. You can usually modify your browser to prevent this happening.  The information collected in this way can be used to identify you unless you modify your browser setting.  Note though that our cookies last only for the length of a log-on - when you leave the site after a session, the cookie burns and disappears. 

Calculators 

Any calculator provided to users of the website is intended for guidance only and no reliance should be placed on the results of any calculations made by using the calculator before qualified legal advice has been taken which you are deemed to rely on and for which you agree to exclude Intelligent Divorce LLP and its third party partners and providers from liability.  

Prohibited use 

As a condition of your use of this website you warrant to us that you will not use this website for any purposes that are unlawful or prohibited by these terms, conditions and notices.  

Hyperlinks 

The website contains hyperlinks to websites operated by other parties.  Such hyperlinks are provided for your reference only.  We do not control such websites and are not responsible for their content.  

Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites. 

General liability disclaimer 

In no event shall Intelligent Divorce LLP be liable for any indirect incidental special or consequential damages arising out of or in any way connected with the use of the documents, this website or the support service whether based in contract tort, strict liability or otherwise except in relation to death or personal injury, for which no limit shall apply.  The liability of Intelligent Divorce LLP for direct loss arising out of the use of the documents, this website and the support service whether based in contract tort, strict liability or otherwise is limited to the total value of the transaction under which the claim arises for any one event or series of connected events.  

Modifications 

We reserve the right to change the terms and conditions and disclaimers under which this website or any service offered through it is offered.   The rights shall not affect the existing terms and conditions accepted by you upon making a legitimate purchase using this website. 

These terms and conditions shall not affect your statutory rights as a consumer.  

General 

This agreement is governed by laws of England.  You hereby consent to the exclusive jurisdiction of the English Courts and all disputes arising out of or relating to the use of this website.   Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions including without limitation this paragraph.  

This agreement constitutes the entire agreement between us with respect to this website and it supersedes all prior or contemporaneous communications and proposals whether electronic or oral.   A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  

Email correspondence

Any email correspondence sent between us and you (outside of the specialist software utilised by Intelligent Divorce LLP) is not encrypted and therefore may not be entirely secure and you should be aware of this before sending or accepting correspondence by email from us.  

Statutory consumer rights

These terms and conditions do not affect your statutory rights. 

Any rights not expressly granted herein are reserved.  

We are a registered Data Controller under the Data Controller Act 2000.