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Legal matters

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Original poster

Applying for decree absolute

10 replies

BeyondFear2020 · 07/05/2018 09:31

How easy is it? Can I do it myself or do I need a solicitor?

My solicitor has done pretty much all my divorce stuff so far. But I’m broke. I’ve spent almost 15k on legal fees (thanks to my ex being a total knob), and I need to try and save some money!

Can I do the DA without a solicitor, or is it a false economy?

OP posts:

MrsBertBibby · 07/05/2018 10:24

Have you resolved finances? Has an order on finances been made? And how long ago was degree nisi?

MrsBertBibby · 07/05/2018 10:24

Argh! Decree!

Original poster

BeyondFear2020 · 07/05/2018 12:52

Financial consent order is done. Decree nisi was 18 months ago.

OP posts:

Collaborate · 07/05/2018 13:04

You'll need to do a statement saying why the delay of more than 12 months, and that you've neither had children or lived together since the petition was issued. Send that in with your application and it will be put before a judge.

Original poster

BeyondFear2020 · 07/05/2018 13:10

How detailed does the statement need to be? It’s basically because stbxh has dragged things out and taken months to respond to any solicitors letters etc. I’m sure I can word it slightly less inflammatory than that.

Would you do the application yourself, or ask a solicitor to do it?

OP posts:

Collaborate · 07/05/2018 23:46

Doesn't have to be too detailed. Worth having a go yourself if you can't really afford it, and if you get knocked back ask a solicitor to do it for you.

Original poster

BeyondFear2020 · 09/05/2018 07:00

Do you have any idea how much it would cost to ask a solicitor to do it for me? I’m assuming there are court costs to submit the DA? How much work is it likely to take a solicitor? Mine charges £300 an hour plus VAT.

OP posts:

Collaborate · 09/05/2018 07:11

That's a lot for such a simple task.

Would take no more than an hour, and you wouldn't need a £300 lawyer doing it.

MrsBertBibby · 09/05/2018 07:22

Was your divorce fixed fee?

Personally, I wouldn't charge a client who had signed up for a fixed fee divorce for that, because the DA application was part of the fixed fee, I don't think my fixed fee wording specifically excludes the application for DA out of time, and frankly, it's more hassle than it's worth to quote for a 3 para statement and 1 letter, when presumably the client has already paid several thousands for everything else.

But I'm a bit of a softie.

No court fee unless your petition was years old. I did have one court try to stiff me a fee for an application out of time, but they were persuaded of their bloody wrongness. Can you remember how much the court fee to issue the petition was?

Original poster

BeyondFear2020 · 10/05/2018 10:37

No, it’s wasn’t a fixed fee divorce. I can’t remember what I’ve already paid in court fees. Does £500 sound right or would that have been for something else? I can probably find it if it helps to know. I recently paid £50 but that was for the financial consent order I think.

Decree nisi was awarded in dec 2016. Stbxh refuses to pay costs (he doesn’t want to get divorced) so I am paying everything.

I doubt solicitor would do this for free. He seems to charge for absolutely everything.

OP posts:

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