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DIY consent order ? No money for a solicitor

(7 Posts)
Newbrummie Wed 27-May-15 18:39:49

And from what I've read costs are unlikely to be awarded.
Are there any pitfalls, ie coming back 20 years later and him saying I didn't have legal advice I want my money back ?
I am tempted to try and find a solicitor that will take their fees from the proceeds but realistically that's likely to be 18 months down the line and he's already forced me to put my life on hold for 2 years already.
Any thoughts or advice ?

ConnortheMonkey Thu 28-May-15 20:14:34

Could you afford to pay monthly say 100 a month - you might find a solicitors willing to negotiate payment terms? Is it a clean break or more complicated?

Newbrummie Thu 28-May-15 20:43:39

I want a clean break it's straight forward as long as he doesn't keep going back on what was orginally agreed which I was hoping might result in him having to pay costs if he kept pissing about but apparently not

ConnortheMonkey Thu 28-May-15 20:48:43

Is there any transfer of property / money / etc?

Ring round some local solicitors and get some quotes, a straightforward agreement you might be able to get for 500-1000 or so, or there might he some online firms that will do, and ask about possibility of paying by instalments.
He will have to sign to say he has had the opportunity of legal advice and declined it so won't be able to come back later on lack of legal advice.
A DIY consent order is near on impossible I'm afraid, it's too complicated.
I have heard of couples with no money issuing for the court to deal with the finances and then asking the judge to draft the order but I've also heard of judges insisting one of them must get a solicitor to draft - although a judge could order you share the costs.

Newbrummie Thu 28-May-15 20:55:40

He agreed to sell the house and give me the equity 2 years ago .... Now he's saying sell the house and put the equity into bank accounts for the kids, which is all very well but he is paying bare minimum child support and I need to house them.
I figured I wouldn't get away with a DIY job £750 is the best quite I've had but it pisses me off I have to pay for all this shit given I wasn't the one that had the affairs

Chasingsquirrels Thu 04-Jun-15 09:17:11

I paid £150+VAT for mine, she quoted £250 which I accepted but when I went (with all details and the outline of our agreement) she said I had basically done everything so she would only charge £150.

For comparison: My divorce was about 4 or 5 years after we separated. I had already dealt with the divorce aspects, had the Nisi and needed a Consent Order before I applied for the Absolute. The house was un-mortgaged and I had already dealt with the land registery transfer into my name. Our pensions were roughly equal and he had had a transfer of cash from our old joint accounts. Overall we had roughly a 60/40 split in my favour.

lostdad Thu 04-Jun-15 11:07:59

It depends! I've known some courts to be happy with draft orders that litigants-in-person have drafted and others to send them away saying `Get a solicitor to do it!'

The courts will only make orders that will work, have a basis in law and hopefully tie up all loose ends - clean breaks are very common these days.

If you want to do it yourself, consider a McKenzie Friend. Some of them are legally qualified and specialise in finance (like my other half who is a professional debt collector and paralegal) who will happily give free advice over the phone.

Hope this helps.

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