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mackenzie friend or not

4 replies

Confusedmummy2017 · 29/07/2018 17:24

Please can anyone offer any advice on mackenzie friend experience when self representing.

I have done my divorce myself with the help of you guys and youtube. I have also filled form A so have my first appointment on weds.

I found a mackenzie friend as i didn't want to go alone but had to attend a hearing alone for MPS as mackenzie friend was at another hearing that day.

Question is do i need a mackenzie friend? So far he has only answered a couple of questions, i have done all my paperwork form E statement, questionnaire etc myself he hasn't had time to look over them because of the deadlines and him and me being away. So far i feel i haven't needed him as i've managed do you think it will help me to have him there to guide me if i don't understand anything or will the directions be very clear?

He has also quoted me slightly more than i thought it would cost so I need to ask him for a breakdown. He hasn't read through any paperwork etc.

Also when filling costs do mackenzie friend costs count?

Thank you

OP posts:
JustAnotherLawyer · 29/07/2018 18:36

Sounds like you've done very well by yourself and in reality just need someone to hold your hand. If that is the case, why not take a friend along instead for support?

A McKenie friend doesn't have to be a paid person, or anyone with legal experience, since they aren't able to represent you in any case, therefore it is often a waste of money to pay someone, particularly in your circumstances where the MF hasn't even read your paperwork or helped you prepare it. His only likely advantage to a friend of your own is having been in court a couple of times more than other non legals - and even that's not guaranteed.

What has he quoted? In some cases people end up paying an MF more than they would a legal professional, and you might find you can instruct a direct access barrister, or a local solicitor, to represent you for near enough the same cost.

Confusedmummy2017 · 29/07/2018 20:37

Thank you for your reply.

I think what I'm worried about is working out if the ex approaches me with a fair split how do I know if it's reasonable without getting advice that's 1 main concern. But will the judge guide on this?

The mf has quoted £220 for a first appointment the hearing is at 10 and he has put it down 9-12. What do you think?

OP posts:
Joe66 · 30/07/2018 02:21

If you want legal advise pay a qualified lawyer. MF will not even carry insurance and has no right of representation, it is entirely at the discretion of the judge. The judge will not advise you as to whether the proposed settlement is reasonable, but is unlikely to agree a manifestly unfair settlement. You would be better off using a direct access junior barrister who will be around a 100 or so an hour. But they will be able to advise you and speak for you, and they are insured.

JustAnotherLawyer · 30/07/2018 21:49

Have you considered mediation as a cheaper option to court?

Incidentally, barristers do not charge hourly rates - you would get a quote for the work involved in your hearing. If you're outside of London, you may get one as cheap as £500 for a one hour hearing - the work will include reading your paperwork, travel to/from court and the hearing itself - as well as drafting the order if the judge orders them to. In London it's likely to be nearer £750.

Might be cheaper to have a one hour discussion with a solicitor to look over the proposed settlement and or check the contents of the Form Es (if they've been filed already) - checking Form Es and writing questionnaires is likely to take at least a couple of hours - and solicitors DO charge hourly rates, so bear that in mind. That said, a fee now could save you from losing a small fortune later...it all depends on the size of the pot you are hoping to divide between you.

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