Becoming litigant in person

[Maybetheway]

I’m the respondent in cases on both the children and the finances. We’ve had a failed FDR so far and a FHDRA coming up. Up til now I’ve worked with a solicitor and barrister, as has ex…but obviously the costs are mounting horribly. Our cases shouldn’t be that difficult, as there’s not a great deal between our positions. I have already made various compromises and keep saying we should try to work things out ourselves but ex isn’t budging and just ploughing on with his lawyers.

I’m wondering, once we’re past the FHDRA, whether I should start being a litigant in person. I’ve read the Advice Now links etc and know about McKenzie Friends.

I’d love to hear from anyone who was or became a LiP, especially when the other side was represented, and how your experience was, and whether you regretted it.

Also, if it went all the way to a final hearing on the finances, did you have to pay half of the combined legal costs, even if you’d become a LiP in order to avoid running up huge costs yourself?

Well usually court is needed when one party is not being reasonable. With judges under alot of pressure and court backlogs, im not sure how much patience there is for litigants in person (probably more if it is the other side being unreasonable). Personally for something as important as this, legal services are probably worth paying for.

How far apart are you on agreeing finances and did the judge not advise on likely outcome at final hearing?

We are agreed on equal split of capital, pensions, cars. Ex is a high earner and judge at FDR said he should pay maintenance on full income. Ex doesn’t want to and is just paying at CMS rate. Plus I’m paying for everything for the children (incl childcare), whether they’re with him or me. So I feel like what I’m asking is reasonable and but it would be bonkers to spend tens of thousands pursuing when it’s already cost so much.

You probably know this already, but there's now a formula for child maintenance for higher earners (between £156,001 and £650,000), which is basically a scaled-up version of the CMS calculator. It's from a 2023 case, James v Seymour. It's not official, but is being widely implemented and would
give you a clear precedent to argue that your ex should pay above CMS level.

Thank you. Yes I’ve flagged the James v Seymour formula to him, he doesn’t care. I’m also paying for the children’s costs on his time (clothes & childcare). That’s part of why I’m considering becoming a LiP. Because what I’m asking for seems pretty fair and based on law, but I don’t want to have to run up tens of thousands of legal costs to have to argue for it, and then potentially be left having to share legal costs. What I’m wondering is, if I go down this route, and I have hardly any costs and he has tonnes (because he will keep using solicitors and barristers), will the court lumber me with half of his costs?

Also am I mad to be considering this when he will have solicitors and barristers on his side? The other option is using the rest of my savings and then litigation loans…but it just seems such a horrible waste of money, and might affect the outcome with the house (as I wouldn’t be able to afford to buy him out any more).