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Divorce/separation

When he pays half

13 replies

Heatherjayne1972 · 22/05/2016 10:06

My solicitor and I decided that ex should pay half the court fee for the divorce - I think that's fair
We decided that i would download the forms and sort that out myself again no problems
She wrote to him and explained all this - he called her apparently but I don't know if he agreed to pay his half so should I just pay the whole lot to get it started or just my half
What would you do?

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lifeisunjust · 22/05/2016 12:05

As you've employed a solicitor, THEIR fees are going to be far more than half court costs, worrying over the possibility of having to pay full instead of half court costs is not worth it, just a couple of hours work from your solicitor will cost you more than having to cover half court costs. Sounds like already your solicitor is on to a winner financially and the cost of just sending a letter..... well you could have written the letter yourself for 64p plus the cost of the paper.

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Myinlawsdidthisthebastards · 22/05/2016 12:06

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EquinoxBloom · 22/05/2016 12:13

You should pay the whole lot up front and then add in anything you think he owes to the claim.

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Myinlawsdidthisthebastards · 22/05/2016 12:14

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traviata · 22/05/2016 12:20

Just pay it yourself for now. Otherwise you will be stuck for ages trying to get him to contribute. You can then ask him for it afterwards.

Are you going to resolve the financial aspects of the divorce? if so, you can suggest that his share of the divorce cost is deducted from his share of the assets.

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EquinoxBloom · 22/05/2016 12:21

Myinlaws are you having a bad day again?

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Myinlawsdidthisthebastards · 22/05/2016 12:23

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EquinoxBloom · 22/05/2016 12:27

Myinlaws you can decide what you think is a fair settlement and you can write it all into your claim.

If you think it's fair that he pays half the fee then you can write that into the claim.

It is also fair to write to him first and tell him what you think is reasonable, to give him the chance to agree, and therefore save the court costs.

So I'm not sure why your posts are coming across as aggressively as they are.

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Heatherjayne1972 · 22/05/2016 12:35

Definately need a solicitor my house is just being sold and I've been told by both solicitors that no money will be released until the divorce is settled and then there the child contact to be sorted. He thinks he is going for full custody even though he's been inside for his violence towards me and he didnt turn up to one very important court hearing last year

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lifeisunjust · 22/05/2016 12:51

Why do you need a solicitor because of a house being sold? Still don't get it. Legal advice and knowledge is essential, but a solicitor on an unlimited contract is extremely risky, unless you have millions. If you wish however to have a solicitor on these terms, do be aware you're very very very unlikely to getting costs paid by the other side, they'll come out of your side of the settlement.

There are alternatives.

I failed to turn up to a court hearing too, I was actually in hospital abroad. There are reasons why sometimes people don't turn up. I don't see what relevance that has however to employing a solicitor.

Violence is another thing the court and judge are simply not going to be interested in, in 99% of cases including violence. My husband has a very long record, however none of his documented violence, in 2 different countries, was of any relevance to the judge.

If you wish to save money, do as much of the work you can.

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Heatherjayne1972 · 22/05/2016 13:07

The money from the house sale is part of the 'assets' of the marriage
As is his and my pension and other things
Two solicitors ( different firms) have said the same thing So I'm inclined to believe them
Was the child arrangement order he failed to attend- that was his chance to start the process for custody
How can any judge take him seriously now?
I just need to be sure that as I move forward that my children get the best out of this - hence the solicitor /s

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lifeisunjust · 22/05/2016 13:24

2 solicitors have said what? That you should pay them thousands of pounds?
Solicitors don't do things in the interest of children necessarily, they do their best to earn enough for themselves and work in your interests, not in the interests of the children. The courts will take the interests of children into account but not solicitors, it's not part of their contract.

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Heatherjayne1972 · 22/05/2016 13:34

No both solicitors said no ones getting any money until it's all sorted

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