What is process if I have to go to court to sort divorce finances

[catkin14]

I am divorcing my Exh of 26 years.
He is being extremely slow and awkward so my solicitor says he has no good reason to do this and we should force conclusion by going to court.
Our finances are quite large but not complicated at all.

Please can some tell me what the process is for this and what will happen if I go down this route?
I really dont want to but need the money and exh is manipulative and I think this is just more of the same.

[NumTumDeDum]

If you issue an application for financial remedies the court will set a timetable for financial disclosure, questionnaires on the disclosure and a series of hearings to resolve matters. You are encouraged at every point to settle. The advantage is that you will get an 'end point' as the court will eventually impose a resolution on you if agreement cannot be reached. Ime, most people never get past the second hearing and will reach agreement. Issuing is really a good way to focus your stbexh's attention on the matter at hand. It is more expensive for both parties but that can be a highly motivating factor.

[catkin14]

Thanks for that, what sort of money does it cost please?
May be worth it though?

[NumTumDeDum]

The court issue fee is £255 currently. As to how much it would cost to retain a solicitor that depends really on the complexity of your finances and how long it takes to negotiate an agreement, or whether you have to attend any of the three hearings timetabled. A solicitor could conduct the hearings or you could instruct a barrister. Costs can be from around £6,000 upwards depending on the work involved and whether any hearings are necessary. Alternatively you could represent yourself if you cannot afford to pay for a solicitor. Although daunting it is something more and more people are having to do. It would definitely be worth seeking advice from a solicitor once you have exchanged financial information for a view as to what you should realistically be seeking to acheive.

Before you issue however, have you considered mediation? Is this something your ex would consider? It would be a cheaper option.

[NumTumDeDum]

Actually, I've probably been a little conservative on the costs there - I used to undertake mainly legally aided work and so my hourly rates were set much lower than private fees. Probably you are looking at £8,000 and up. Bear in mind that the more difficult your ex is the more your costs will be.

However, issuing is the only way to ensure that a final order is acheived.

[catkin14]

Thanks for all that.
I have a very good solicitor, I am just having to look at him as an investment, stbexh is a very clever man who feels our money is HIS right and not mine.
He has refused to do mediation also so thats not an option either.
I just need my share to move on and get on with mine and my DS's life.

[NumTumDeDum]

That is definitely the best way of looking at the cost, as an investment.

[catkin14]

Thanks yes, without my solicitor I will end up with very little if stbexh has anything to do with it.