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Original poster

How to divorce when can't afford the fees and no Legal Aid available?

40 replies

EFBF2183331 · 05/12/2023 20:16

Just that really. Legal Aid not available. Low part time wages. Need to leave, would want a clean break but can't afford a solicitor. No family nearby and they wouldn't be able to help anyway. No friends I feel I can open up to. Nowhere to go. Divorce unlikely to be amicable so will need a solicitor.

Feeling very alone and sad. Sometimes I feel like suicide is the only way out but my pets keep me going. Can't deal with DH anymore especially the explosions, my mental, emotional and now physical health is suffering too. I get told not to be the victim, but I am.

OP posts:
tenbob · 05/12/2023 20:18

You don’t need legal fees to separate and leave him

Divorce can come later, there is no hurry for that

Do you own or rent?

SusanKennedyshouldLTB · 05/12/2023 20:18

Can you work more?

Original poster
EFBF2183331 · 05/12/2023 20:19

tenbob · 05/12/2023 20:18

You don’t need legal fees to separate and leave him

Divorce can come later, there is no hurry for that

Do you own or rent?

Own.

OP posts:

Interested in this thread?

Then you might like threads about these subjects:

Family law Relationship problems
OldTinHat · 05/12/2023 20:20

I did my first divorce myself. No solicitor involved, although he had one. Just got the forms from the Court and paid their fees. It was almost 30yrs ago though and there were no children involved.

Could you speak to Citizens Advice for guidance?

Original poster
EFBF2183331 · 05/12/2023 20:20

SusanKennedyshouldLTB · 05/12/2023 20:18

Can you work more?

Not in my current role. I should look for a second job or a full time one.

OP posts:
Original poster
EFBF2183331 · 05/12/2023 20:22

OldTinHat · 05/12/2023 20:20

I did my first divorce myself. No solicitor involved, although he had one. Just got the forms from the Court and paid their fees. It was almost 30yrs ago though and there were no children involved.

Could you speak to Citizens Advice for guidance?

I really need a solicitor especially as I would want a clean break.

I could speak to CAB.

OP posts:
Plankingplanks · 05/12/2023 20:40

You only need to pay for the court fees (£550 approx) and then a solicitor for your clean break agreement, which costs approx £200, you can do the rest yourself

tenbob · 05/12/2023 20:41

EFBF2183331 · 05/12/2023 20:19

Own.

Show quote history

You might be able to find a solicitor who will do the work now and be paid when you sell the house.

You’ll probably still have to give a token up front payment but the bulk of the fees can be deferred until everything is finalised.

Obviously it means the house has to be sold

Original poster
EFBF2183331 · 05/12/2023 20:42

Plankingplanks · 05/12/2023 20:40

You only need to pay for the court fees (£550 approx) and then a solicitor for your clean break agreement, which costs approx £200, you can do the rest yourself

Even if assets are involved e.g the house? I don't want any of them at all.

OP posts:
Gymmum82 · 05/12/2023 20:47

If you don’t want any of the assets you don’t need a solicitor. You can do it all yourself though you have to pay for the divorce and the clean break order. The actual divorce is cheap enough £500. The clean break order is about £600. It’s the fighting as to who gets what that costs the money

lljkk · 05/12/2023 21:32

Do you know how much equity is in the house, OP?
Does he have any savings or a pension?

Original poster
EFBF2183331 · 05/12/2023 21:45

lljkk · 05/12/2023 21:32

Do you know how much equity is in the house, OP?
Does he have any savings or a pension?

Yes to all. I don't want any of it though.

OP posts:
dotdotdotdash · 05/12/2023 21:53

I’d be concerned about you forgoing any of the assets. I don’t know your situation but that doesn’t sound right.

I divorced for around £900 (£600 for fees and £300 for drafting of consent order. We were amicable tho so able to agree the terms without solicitors.

Original poster
EFBF2183331 · 05/12/2023 22:00

dotdotdotdash · 05/12/2023 21:53

I’d be concerned about you forgoing any of the assets. I don’t know your situation but that doesn’t sound right.

I divorced for around £900 (£600 for fees and £300 for drafting of consent order. We were amicable tho so able to agree the terms without solicitors.

Just want to walk away and never hear from him again, especially in relation to finances. I don't want anything at all. Just peace.

OP posts:
Lallanala · 05/12/2023 22:08

There is a website called ‘advice now’ they have a really good guide that will talk you through in detail absolutely everything you need to know about divorce and financial settlement, clean break etc. You have to pay for the guide unless you are on a low income. They gave it to me for free when I explained my predicament….I was in same situation. Court fees can be waived or reduced if you earn below a certain threshold. I divorced and got a financial settlement (good outcome for me)….I did have adhoc advice from a solicitor amounting to around £1000. It went to court and my ex had an expensive solicitor and a barrister representing him. He spent over £12000 in solicitors fees etc….and I used the advice now guide and came out much better off with a better outcome than I had initially tried to negotiate amicably with him.
It can be done, but it is time consuming. Sending you my sympathies as it is a horrible situation to be in, but if you research and read up about court process etc, it is doable yourself. The judge actually said to me that I had done a better job representing myself and had prepared a better case than most solicitors…so I took that as a compliment!

PicaK · 05/12/2023 22:13

If you separate then you might find you are entitled to UC if you are on low income. Talk to CAB for advice.
There are 2 things - one is dissolving the marriage which is easily done you just apply and pay the fee. The second is the financial order. It's advisable not to divorce without that in place but it's not a requirement. If you need space to sort your head out this night be wise.

YoBeaches · 05/12/2023 22:19

Whilst you might not emotionally want any of the assets, peace also comes at a cost. You need a roof over your head and so on. As you are married you are legally entitled to an amount of those assets in order that you can live independently.

You probably need to leave first to get some head space, then plan your full departure from the marriage and what that means for your future.

Morewineplease10 · 05/12/2023 22:23

A judge still needs to sign off your financial consent order and won't sign off you getting nothing.

Speak to some organisations who work with women.

Is Legal Aid no more?

TeenLifeMum · 05/12/2023 22:23

My friend said the same. Three years on she has nothing but still has to deal with his mind games. Get what you’re entitled to then clean break (block him on everything).

alwaysmovingforwards · 05/12/2023 22:35

divorce.wikivorce.com/services/divorce/fixed-price-divorce.html

rainbowsparkle28 · 05/12/2023 22:49

There is a lot you can do yourself. Check out The Legal Queen podcast and website for more info - https://moloneyfamilylaw.com/ Not in anyway connected but just have seen them and listened to their podcasts etc and have helpful info on DIY to keep costs as low as possible. Maybe consider if you are in the position even to access one hour legal advice so you know what you're entitled to then do as much as you can yourself to keep down costs and possibly on the odd part get some legal help to look over anything rather than having solicitor do everything for you. Also remember you will need to get a financial order as well as legal divorce.

WhichIsItWendy · 05/12/2023 22:58

A lot of affordable housing won't allow pets.

Big hugs OP. You've survived this long, don't give up hope, you'll get through this.

Take a breath and make a plan. Seek SOME assets at least so that you have some choice about where you live and can keep your pets.
You've got this. You're not alone.

lljkk · 06/12/2023 08:01

EFBF2183331 · 05/12/2023 22:00

Just want to walk away and never hear from him again, especially in relation to finances. I don't want anything at all. Just peace.

Show quote history

If you really believe all that then tell him ... "If you suddenly die then I get all your wealth. How could you possibly want me to have all your money? So let's agree to the divorce and I will let you have everything that remains after paying the minimal court fees which is all we should need to pay. Shouldn't cost more than £900. That's a bargain to get rid of me, isn't it?"

Where will you live, OP, if you have no money at all? do you think you could get a housing association home?

Are we right to assume that there are no children to support from this marriage?