Sounds dumb but how do you pay for a divorce?

[mumfail]

I want to get divorced but having had to move out have just pennies left at the end of each month. So how on earth can I afford to?

My ex doesn't work so can't rent somewhere, won't get a mortgage and doesn't want a large sum of money as it'll affect her benefits. Which means she won't sell the house. But I worked hard to pay for that house so don't see why I should have to struggle to live while she's sitting pretty having the government pay the interest while she goes out and buys massive 3D TVs. Yes, I am bitter!

We overpaid the mortgage up until I moved out last October so there is only about £65k left to pay off. I think the house is worth about £180k. Enough for me to start again.

It's going to be a messy divorce which means high costs but who pays them if neither of us has any money?

[JiltedJohnsJulie]

Yes, you do sound bitter. Are there any children involved?

[lorelei9]

Well, you've both got to instruct solicitors...it doesn't sound like there's any chance of doing it without if there are disagreements etc (in which case I think you could just mediate and pay for the minimal paperwork).

if you don't have a solicitor in mind, may be worth having a chat with the Law Society? Or I think Co-op Legal Services have fixed fees. Everyone will have to talk you through them.

One of my friends went to a free Family Law Advice clinic in London - she had to queue for a couple of hours though, but it was a good guide to what happens.

[mumfail]

Thanks for your comments but I need to know how the solicitors get paid. I know I need to instruct one and that it's going to be long-winded and messy, so how do I pay for that? I literally don't have a penny to my name and am not going to get myself in debt to get rid of a big mistake.
And yes, there are two small children. We have 50/50 custody of them - using the 3344 model. That seems to be working fairly well at least!

[BigGreenOlives]

I think you can file some of the papers yourself but you'll need help with mediation over the financial settlement.

[RainbowFlutterby]

You may be able to find a solicitor willing to take payment from your final financial settlement. Personally I borrowed the initial £500 from family, then owed the rest to the solicitor. They knew I was going to get more than enough so they were happy with that. I think the total cost was about £3K, but my ex was ordered to pay £1K.

[JiltedJohnsJulie]

You don't need a solicitor to fill in the petition and send it off and there may be help with the £410 fee if you are on certain benefits or are a low income. Google court service forms and have a look at form EX160 which will give you more information on fee remission.

You may however need a solicitor to draft your financial application. Perhaps you could get a fixed fee arrangement for this? No idea how you would pay for it though.

[Frecklesandspecs]

I'm deliberating the same problem right now. I'm hoping I can find one who will take it out of a final settlement. Called a 'sears tooth agreement'.
Not sure how many actually do this though.

[Suzietwo]

Me!

[Frecklesandspecs]

Really Suzie? give me hope.

[Suzietwo]

Sure do. PM me

[Frecklesandspecs]

Will do Suzie, ty

[Frecklesandspecs]

Rainbow, I thought costs were much higher. (estimated 8/10k at least) but I guess it depends on the situation.

[dulcefarniente]

My divorce cost less than £500. I saw a solicitor at the start (the free half hour you can get). She wanted to charge £1400 to do the paperwork for the nisi and a further £7000 to do the financial order! I did all the initial paperwork myself (forms and guides on the government website) and it was very straightforward. There are reputable websites that can give you examples of how to word the grounds for the divorce.

My xh's solicitor drew up the clean break financial order and I saw a different solicitor (not having been impressed with the other one) who looked it over for me. She was happy that it was in my interests to agree it. As it was all straightforward and it only took 20 mins she didn't charge me.

The first solicitor did say that as I owned the property and xh had made no contributions to it and it was going to be my dcs home that it wouldn't be a 50/50 split. She also said that if selling the property wouldn't raise enough funds to buy a property each then you wouldn't be forced to sell. She was happy that I could sell the house to fund her fees though as like you I have very little spare cash and insufficient savings for what she wanted to charge me.

[dulcefarniente]

The more you do yourself and the more agreements you can make regarding custody, maintenance and finances between yourselves the better. Then you are cutting back on solicitors time which is where the costs rocket unless you can find one who will do it for a fixed fee.