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Legal matters

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Divorce and legal fees, who pays them?

10 replies

NeedHandHoldThroughThis · 13/04/2025 10:30

I’m finally divorcing, after two decades of being a doormat to my not working pot smoking husband.
In a turn of events that will surprise no one, he now wants to split everything 50/50 (we have no children, and he’s never contributed financially). I find this outrageous and I’m toying with the idea of letting the courts decide, which I know will cost a ton but I’m just so fed up of being taken advantage of. The assets that need splitting are the value of the house I bought and some savings, there’s no investments or pensions to speak of. My question is:
Say that the total value of the assets to split is £500k and the legal costs amount to £50k, and a judge really tells me to give him half of the pot which is £250k (worst case scenario imo), will the £50k legal fee come out of the pot? Meaning he’ll get 500-50=450/2=225? Or will I be expected to give him 250 and then find another 50 to pay the legal fees with, given that he has no income?
I know it’s crazy to consider this and I don’t need to be talked out of it, please just humour me with this hypothetical scenario. Thanks!

OP posts:
Acc0untant · 13/04/2025 10:52

In my experience I paid my own legal fees and my ex paid his. Or are you expecting to choose to pay 50k in solicitor fees and have that deducted before the assets are split?

NeedHandHoldThroughThis · 13/04/2025 11:00

Acc0untant · 13/04/2025 10:52

In my experience I paid my own legal fees and my ex paid his. Or are you expecting to choose to pay 50k in solicitor fees and have that deducted before the assets are split?

I have no idea whether that’s even an option, hence my question.
My soon to be exH doesn’t work, zero income.
If the 50k come out of the pot he’ll effectively have paid half (because there’ll be less money to split). But if the judge decides on a figure for me to give him, and then fees need to be paid, he’ll keep not working to say that he can’t pay and I’ll have to fork out 50k on top of the settlement

OP posts:
unsync · 13/04/2025 11:26

How old is he and why does he not work? Each party is usually responsible for their own legal fees. A judge will look at future earnings potential and each party's ability to rehouse. If your STBX is unable to work, as opposed to unwilling, you may find that the split of assets is not 50:50. How much are the savings? Can you use those for legal fees?

Acc0untant · 13/04/2025 11:28

In my limited experience it won't come out of the pot. He shouldn't be penalised because you decide you use a solicitor, especially as he won't get a say in who/what you're being charged and vice versa. The assets would be split and you'll need to pay your legal fees from whatever you have left. Same as he would if he was using a solicitor.

But again, my experience is limited, I'm not a solicitor.

Anon765898 · 13/04/2025 11:34

Going from my own experience:

If you instruct a solicitor to act on your behalf you are responsible for paying their fees.

He can then either represent himself or he can instruct a solicitor to act on his behalf, in which case he will be responsible for paying them ( he can do this from his share of the assets - my solicitor knew I had virtually no money so let me pay a small goodwill amount then the final bill post divorce)

Mrsttcno1 · 13/04/2025 11:41

You are both responsible for & pay your own legal fees, and that doesn’t come out of the “asset” pot. So you have to pay your side legal fees, plus whatever the agreement asset split is, he has to do the same.

So if you wracked up £50k worth of legal bills & end up having to hand over 50% then you’ll be giving him £250k and paying your own £50k legal fees.

He can either represent himself or instruct a solicitor and lots of solicitors will take these cases on the agreement they get paid from the settlement amount so he wouldn’t need money upfront.

I wouldn’t recommend throwing money at fighting 50/50 though, marriage is a legal and financial agreement, it doesn’t matter who paid for what.

Snorlaxo · 13/04/2025 11:44

Each of you pay your own legal fees and worst case scenario is he gets more than 50% and you’re stuck with paying legal fees out of your share too.

Doolallies · 13/04/2025 11:44

If you’ve had anything over a short marriage (5 years) it’s mainly 50:50. I wouldn’t waste good money fighting it. Have you considered mediation?? Much cheaper like £600 and you can discuss with your husband with a mediator present

NeedHandHoldThroughThis · 16/04/2025 21:45

He always refused to work no matter how much I expressed my dissatisfaction (we have no children and a tiny flat, there was never any need for a SAH husband), and I stupidly didn’t decide to dump him until now.
So now he’s entitled to half of everything I ever worked for. Maddening.
To whoever asked whether he’s unwilling or unable to: depends on who you ask! He’s now become aware of ADD and that has given him the validation he needed: he’s not lazy and addicted to pot, he’s neurodivergent! No official diagnosis, he’s on a waiting list. I’m so angry at how trusting and stupid I’ve been.

OP posts:
prh47bridge · 16/04/2025 23:22

So now he’s entitled to half of everything I ever worked for

Not necessarily. A 50/50 split is the starting point, but that isn't necessarily where things will end up. That depends on a range of factors. You need to take proper legal advice.

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