Do I need a solicitor to separate from exP?

[BornToFolk]

I'm in the process of separating from my exP (full details here)

I'm trying to work out exactly what I need to do. I've booked an appointment to see a solicitor. I basically Googled solicitors in my local area and emailed one that said they dealt with family law. They've emailed me back suggested an initial meeting of 1.5-2.5 hours with a partner and her hourly rate is £260! I knew solicitors weren't cheap but blimey!

So, do I actually need a solicitor? All I want at the moment is some advice on where I stand. We own a house 50/50 and both have parental responsibilty for our DS. So far, exP has been pretty reasonable about things and has said I can have the house but I want to cover my back in case he changes his mind...

On the one hand, I want to get good advice and protect myself but on the other hand I can't afford that kind of money. I'm fairly sure I wouldn't qualify for legal aid but am not exactly rolling in cash...

I think it's a good idea to consult a solicitor early on to find out where you stand and what options there are even if you then decide to negotiate an agreement between yourselves or with the help of a mediator. If you can reach agreement it is then just a case of a solicitor drafting it in a form that will be accepted by the court.

Solicitors fees reflect pretty hefty overheads such as office space, rates, IT, staff, ongoing training and insurance that alone typically costs about a third of the fee.

Oh I understand why they are not cheap, I just was a bit that they booked me in to see a partner when I think my situation is fairly clear cut and I just need a bit of advice.

I'll suck it up and pay it if I have to, I just wanted to know if there was a way I didn't have to!

Apply for a mortgage in your sole name to replace the existing mortgage, or apply for a "transfer of equity" from your existing lender, then instruct a conveyancing solicitor. No need to involve a family lawyer if he'll cooperate with all that.

I can understand your reluctance to pay a solicitor when it seems that you and ExP are in agreement and you may be paying good money just to hear that the agreement's a good 'un BUT (and it's a big but) you're in a vulnerable situation right now (have read your other thread) and it would be better to get some objective advice on things like the house, any other joint assets, maintenance and contact just so you're better armed to discuss things with ExP when the time to agree on the nitty gritty comes.

I agree 100% with STIDW that it may be simply an initial meeting that's required and then an agreement can be drawn up with or without the help of a mediator. Since you're unmarried, I'm not sure it will be 100% necessary to have the court endorse any agreement (although that's not unheard of) but better to have things in writing and preferably signed by both parties to avoid any sticky situations later on.

Having said that, £260 per hour does sound like a hefty rate - whereabouts are you (roughly - nearest big town/city will do)? Maybe someone on here could recommend someone nearby that will do it for slightly less/offer a free half hour.

Thanks for the advice. I'm in Reading.

I'm going to look around and see if I can find anyone else. I basically went with the first solicitor I found. I may also contact them and say that the rates are rather high and is there anyone else I can see...or is that really cheeky?!

Perhaps not BB - not sure about Reading but where I am (near to MK) small legal aid firms charge around £190 an hour plus VAT so sounds hefty to me by comparison! Do shop around a bit BorntoFolk and I wish you all the luck in the world to get this sorted amicably and as quickly as possible x

ask for a junior partner - is cheaper - (and they can conult higher up if needds be) they have to start somewhere and if thing are fairly amicable should b fine.

When I got divorced (in Reading), I used Dexter Montague. They were brilliant. I don't know what their current fees are but I see from their website that they do a free consultation.

Ha, funny you should say that! I've just booked an appt with Dexter Montague. They've offered me £90 flat rate for an initial appt with a partner, no obligation to take things further. So I'm kind of hoping that that initial appt to find out where I stand will be all I need.
Unfortunately their free consultations are all between 5.30-7pm which I just can't do because of DS.
Still £90 is a much more manageable prospect!

BtF - make sure that you have a list of things that you want to cover - you might even consider emailing it to them as, even if they've only had a chance to cast their eye over it it would give them a good idea of what you want to cover etc.