Is this the best way to pay my legal fees ...?(6 Posts)
I'm going through an acrimonious divorce. STBXH is stalling and delaying and not meeting deadlines set out in Court Orders. We have had the FDA and FDR - I thought we were getting somewhere after the FDR as the Judge's indications were very clear. However, STBXH continues to be a fucking idiot, so it looks like we are going to final hearing.
I have used up all my savings (such as they were) paying legal fees (STBXH's solicitor doesn't reply to letters, requiring my solicitor to send lots of chasing letters) and I now have an interest free credit card which is nearly up to its limit. I have another credit card (not interest free) that I could use, but I am thinking of applying for another interest free deal for the next batch of legal fees. My STBXH is an EA, alcoholic bully - I would struggle without my shit hot barrister.
I don't earn a particularly high salary, and I think I am unlikely to be able to get a bank loan. Would I be mad to take out another interest free credit card? And hopefully when the financial settlement is done, I can pay them off.
If I get turned down for more credit, what can I do?
STBXH earns a very big salary, so although his legal fees must be an irritant for him (I instigated the divorce, he's very pissed off about that) he can easily pay them.
I am budgeting like a crazy thing, only eating meat once a week, etc etc
Credit cards are never a good answer! And I say that as someone who had to pay mortgage and house bills on mine for over a year because my stbxh is a complete cockwomble.
If there is any other way I would try those first and use a credit card as an absolute last resort
I have no other options The card would be interest free for a period, and any debt I have at the time the financial settlement is made will be counted as marital debt. It was my solicitor who recommended I do it
I am speaking to her on Friday, I might see if I can find another way. Although what the hell that would be, I don't know. I am in complete despair about it
Well, my solicitor's advice is to apply for a second interest free credit card, and use that, and then for any further legal fees (very likely to go to final hearing - so at least £7,500 for barrister's fees, plus solicitor costs), she has said we can apply to court for my STBX to pay ... that'll go down like a lead balloon (although the law sees his huge salary as 'marital' money as we haven't divorced or reached a financial settlement yet).
By way in plenty of divorces one spouse is ordered by the court to pay the on going legal fees of the other. i had to pay both side's legal costs (I earn more). Has your solicitor advised on that or applied for interim maintenance for you pending the final court hearing? That might be another route.
Another might be a charge over the martial home if it has equity and also there are some companies which provide loans during divorces in cases where it is fairly certain the other half has enough money to pay and that you will win.
Sorry, just read that your solicitor has said yo could apply to court for your ex to pay - that is my view too. So your solicitor writes to him saying you need £X for legal fees and that if he does not pay in 7 days then you will be making an interim court application for that payment and will have to fight it out at the hearing if he does not agree.
Also what is the sum in dispute between you - the difference between your offer and his as that is usually crucial in deciding when it is worth incurring costs and when not. So if someone is fighting over £5k usually no point in anyone payihng a solicitor whereas if it's £500k every point.
Deogratias is not a family lawyer and her divorce was some time ago. The law has changed in relation to applying for the other side to pay for legal costs on an interim basis. It is very, very difficult to succeed on as the court has now to be sure that there is no other alternative funding available to you - see section 22ZA Matrimonial Causes Act 1973. If you could take out a credit card loan then this is precisely what the court would expect you to do
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