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Divorce/separation

Should I get a solicitor?

7 replies

thebeachismyhappyplace2 · 23/05/2022 22:43

Feeling bit overwhelmed. Recently seperated but still living under the same roof as ex and 2 children aged 12 & 14. We have just accepted an offer in our house. But I’ve said I won’t instruct conveying solicitors until we have financial settlement in place. In hindsight we probably should have sorted financial settlement before selling the house but it’s a good time to sell and think we are both desperate to move on with our lives. I only work part time as need to be around for kids as eldest is autistic. Husband does freelance and getting paid is dribs and drabs at the mo post covid and therefore apparently doesn’t need to give me much child maintenance according to the mediator. Together with my income and benefits I earn about £2000 so I will only be able to afford a small mortgage. As I will only be able to afford a small mortgage and my husband won’t be able to support me and the kids much financially every month, I think it’s only fair that I take a bigger share of the equity of the house once it’s sold. Is this reasonable and realistic? Feel like we’re not getting anywhere with mediation so if he refuses my proposal should I take it to a solicitor? Feeling so stressed from the whole thing. Would appreciate your thoughts.

OP posts:
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Palaver1 · 24/05/2022 06:09

You are right it’s messy get a lawyer immediately

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KangarooKenny · 24/05/2022 06:11

Stop, stop, stop. You need a solicitor. Do not agree to any share of the house until you have spoken to one.

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user1487194234 · 24/05/2022 06:15

Absolutely
In Scotland the sale could not go ahead unless there’s an agreement on how the proceeds are split

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Funkychicken54321 · 14/06/2022 18:18

I would recommend a solicitor, they are there to ensure the financial bit is fair for both of you

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RedHelenB · 21/06/2022 14:15

Needing to be around for the kids aged 12 and 14 might not be enough to justify not working full time and being able to command a larger mortgage in the view of a court. Bear in mind legal costs could eat into equity. You do need to see a solicitor though , but at a rough guess with both needing housing anything more than 60% woukd be a bonus, assuming there aren't any other marital assets eg. Pensions, savings to divy up

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GreenManalishi · 21/06/2022 14:28

You absolutely one hundred percent need to see a solicitor before you agree to one more thing, don't sign anything or proceed in any way until you've seen one.

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motogirl · 21/06/2022 14:56

Talk! Once solicitors are involved they will be encouraging you to fight each other, an mutually acceptable agreement is your best option because otherwise the only winners are your solicitors. Dp had so many issues with his and his ex's solicitors trying to stir up trouble when there wasn't any. Of course if you can't come to a settlement then you need to get professional help to come to one but that should be your last resort. I was quoted £2.5k for my divorce not including filing fees, obviously my ex would need to pay similar, instead I processed it myself paying £140 + VAT to put the consent order on headed paper ( they really didn't do anything else) plus the filing fees obviously, that's &5k that we could split between us

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