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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Lawyer says I need a barrister and has arranged a meeting next week!

56 replies

urgentplease · 18/01/2023 11:45

To prep documents to serve for a divorce .
Why is this?it's costing me an extra £400.
My ex and I are relatively agreeable on what we both want in the settlement .
Please advise urgently.
AIBU to think this is just a money making racket ???

OP posts:
urgentplease · 18/01/2023 16:42

I want an easy life and want to sever all ties if I'm to be honest.
I need to work out financially what half equity would look like in comparison to share in our family home and pension plus fees for a protracted case.
I stand to lose £35k if I get half equity and I have a much higher salary in paper so judge might not look too kindly on that either.
I need a financial order ensuring he pays big costs in the future for the kids as he isnt doing that at the moment .

OP posts:
Eyerollcentral · 18/01/2023 16:51

urgentplease · 18/01/2023 16:42

I want an easy life and want to sever all ties if I'm to be honest.
I need to work out financially what half equity would look like in comparison to share in our family home and pension plus fees for a protracted case.
I stand to lose £35k if I get half equity and I have a much higher salary in paper so judge might not look too kindly on that either.
I need a financial order ensuring he pays big costs in the future for the kids as he isnt doing that at the moment .

Seems unlikely he is going to be willing to pay anything in the future if he isn’t now. What are you going to do if he doesn’t comply with the order, enforce it? If you say he says sfa on paper now he will make damn sure he has even less in the future. So with that arrangement you’re going to be potentially looking at a stressful enforcement procedure, more money on costs to do that and at the end he has nothing to pay so 🤷‍♀️ You could get a judgment against him or a charge against his property but that’s not helping you pay for the children now. It’s better to know you have the money now if you can get the court to give you 70% than to have to contemplate more strife later.

lifehappens12 · 18/01/2023 17:06

Hi, if you are going to agree the settlement outside of court I don't see that you need a barrister. I had a divorce where there were few assets (one property) and we managed to agree but sued a solictor to ensure all forms and process was completed.

My solicitor did the initials forms for court - ie kicked off the divorce and then arranged the financial consent order. No children to consider.

In terms of agreeing bs fighting. I had a friend also going through a divorce and each court trip cost her £6k for a barrister - can't remember if that was per hearing or day.

For my divorce - my partner wasn't working and I was a high earner. I agreed to give him
More than 50% on the basis he wouldn't come after my future earnings or pension. Giving up a bit more was worth not going to court and to get the clean break.

Something to consider in terms of what he is offering bs what you want to fight for

lifehappens12 · 18/01/2023 17:07

Oh and lastly - my judge did turn down my financial consent order as it wasn't 50:50. With my solictor's support I wrote a letter as to why I was prepared to give more - ie my earning potential vs his and we got approval without a barrister

LexMitior · 18/01/2023 18:41

Oh that's why you need a barrister. You are really downplaying the lack of money for the children and the split of equity.

Btw 35k is peanuts. Work out your percentages of settlement on spreadsheet. That will help you make a good financial decision for you and your children

BlueBellIris · 18/01/2023 18:54

@urgentplease the courts have very limited powers when it comes to ordering child maintenance/paying things for children/spousal maintenance.

Even if someone agrees to pay things in future, what you going to do when he doesn’t? Go back to court each time?

I can see why your solicitor is saying get more equity now. It’s far better to have certainty then be reliant on someone to pay money in the future.

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