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How to pay for divorce lawyer when husband controlling all assets ?

(3 Posts)
recall Tue 20-Oct-15 00:44:45

My friend's husband has started divorce proceedings. She does not know what to do next because she is penniless - he has control over all their money apart from access to an overdrawn joint bank account. He "gives" her an allowance each month, but this barely covers her living costs, so no spare for solicitors.

WellWhoKnew Tue 20-Oct-15 01:13:23

There are a number of things she can do if she's having a solicitor-led divorce.

Firstly, IF the assets are significant, she can approach lawyers that do a "Sears Tooth" arrangement. They are rare but not unheard of.

Secondly, she can take out a bank loan, or more specifically, a litigation loan - such as provided by Novatis (other companies are available). Although the APR is vast, compared to other loans, it does mean she can fund her litigation.

Thirdly borrow from family/friends.

However, she can also self-rep using Wikivorce to guide her (and MN - there's plenty round these parts who have done it). "Family Law Made Simple" by Gordon and Slater is also a very helpful book to guide you through the process. Also this forum is helpful too

IF the assets are significant, then a solicitor-led divorce may be in her best interest. However, self-repping is more and more common these days so he whilst he can divorce her, her claim for 'financial remedy' remains live even after divorce.

Financial remedy (e.g. the splitting of assets) is a separate action to getting a divorce. Hard to get your head around at first.

Collaborate Tue 20-Oct-15 09:07:36

She can also ask the court to make an order that he effectively funds her case. This is something she should ask a solicitor about.

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