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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Now do people pay for their divorce and extras?

37 replies

tellmesomethingtrue · 13/11/2024 00:33

I work part-time and have only £1k in savings. STBEXH has about £15k in an ISA that is locked away for a year. This is 'family' money but in his name. The solicitor I have instructed for the divorce and related matters (finances/mids) is going to invoice me monthly. When I get through my savings, how will I pay the solicitor? STBEXH doesn't want anything to do with this.
I thought I'd be able to pay a solicitor bill at 'the end' from the house sale so it comes out of the assets. What do other people do?
We are living in the same house but separated 5 months ago. At beginning of divorce process.

OP posts:
LemonTT · 13/11/2024 18:46

What are you going to pay a solicitor for?

Is there a reason you need a lawyer right now ? A lot of what they are doing is shuffling paperwork in the initial stages. Is there so much it is worth fighting over? I’d rather get half the isa for myself than to pay a solicitor.

Beware of debt if you will be applying for a mortgage. It won’t get added to your lending these days. It will be deducted from your equity and might limit your borrowing.

tellmesomethingtrue · 13/11/2024 20:53

schtompy · 13/11/2024 18:28

Regarding his ISA being locked away, that isn’t entirely true, if it’s an emergency and he needs to access that money, the bank can release it without penalty, I have just done this to pay for half a bill stbxh insisted I pay immediately (rather than when we sell the house like previously agreed). However if it s solely in his name, I don’t think there’s a lot you can do.
Regarding the solicitors fees, find one, talk to them about their pricing, and your situation, tell them you want a clean break divorce. Mine certainly is not £350 an hour, not sure where people are getting their prices from! It’s not cheap but can be arranged with talking to an experienced family solicitor.

He's set the ISA up in his name but it's 'family' money being deposited in it. He'll have to declare it on his form E.

OP posts:
tellmesomethingtrue · 13/11/2024 20:54

LemonTT · 13/11/2024 18:46

What are you going to pay a solicitor for?

Is there a reason you need a lawyer right now ? A lot of what they are doing is shuffling paperwork in the initial stages. Is there so much it is worth fighting over? I’d rather get half the isa for myself than to pay a solicitor.

Beware of debt if you will be applying for a mortgage. It won’t get added to your lending these days. It will be deducted from your equity and might limit your borrowing.

To sort out how we are going to split our assets as I don't agree with his suggestion of 50:50.

I can't work anymore hours than I already do.

OP posts:
Coffeetacoscheese · 14/11/2024 07:25

What split are you asking for OP? 50:50 is usually the starting point? Don’t waste money on solicitors fees asking for unreasonable requests.

Cleanedoutnow · 14/11/2024 07:29

Coffeetacoscheese · 14/11/2024 07:25

What split are you asking for OP? 50:50 is usually the starting point? Don’t waste money on solicitors fees asking for unreasonable requests.

Yes 50/50 if that means needs are met /not necessary 50/50 if there are more assets. I didn’t get 50/50 because my needs were met with less than that.

EliflurtleAndTheInfiniteMadness · 14/11/2024 07:37

Have you tried mediation? That can be a cheaper way to reach agreement. You have to work out if the extra is worth fighting for. You can end up spending more than you gain to get the settlement you want if you're not careful.

schtompy · 14/11/2024 15:09

tellmesomethingtrue · 13/11/2024 20:53

He's set the ISA up in his name but it's 'family' money being deposited in it. He'll have to declare it on his form E.

Which family? You and him? Or his parents family?
He certainly will have to declare it. Don’t be surprised if there aren’t more accounts, I’ve just discovered 3 other accounts I knew nothing about, despite asking the question just months before..

wouldyouratherdo · 14/11/2024 15:15

Who instigated the divorce? In my circle the person who wanted the divorce paid the legal fees to push it through. When I got divorced I offered £x for ex's legal fees and to pay all the court costs.

millymollymoomoo · 14/11/2024 18:17

You’ll be assessed on your full time earning potential whether you do that or not. Why can’t you work full time ?

what % split are you asking ? Can your needs be met with 50% ?

tellmesomethingtrue · 14/11/2024 18:56

millymollymoomoo · 14/11/2024 18:17

You’ll be assessed on your full time earning potential whether you do that or not. Why can’t you work full time ?

what % split are you asking ? Can your needs be met with 50% ?

I'm working as much as I can but having to do school run two days a week.
Asking for 60:40 split of assets.
Can't afford 2 bed house with a 50:50 split.

OP posts:
tellmesomethingtrue · 14/11/2024 18:57

wouldyouratherdo · 14/11/2024 15:15

Who instigated the divorce? In my circle the person who wanted the divorce paid the legal fees to push it through. When I got divorced I offered £x for ex's legal fees and to pay all the court costs.

I want it.
He had affair.

OP posts:
tellmesomethingtrue · 14/11/2024 19:09

Coffeetacoscheese · 14/11/2024 07:25

What split are you asking for OP? 50:50 is usually the starting point? Don’t waste money on solicitors fees asking for unreasonable requests.

Asking for 60:40

OP posts:
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