Can my friend get help with legal fees for a divorce?

[NotSoCheeryCherry]

Her ex has a solicitor who is dealing with divorce papers, and has just instructed her to sell the house. She has 2 teenage children who he is refusing to pay anything towards, and is working 30 hours on minimum wage - she is not entitled to free legal aid, but has contacted a solicitor who says she must pay £1000 up front and £148 per letter etc (I have read the letter - was so shocked), and that the whole procedure will cost around £10-15,000.
Surely she can get legal help cheaper??? It seems so unfair, her ex is on £30,0000 a year so he can afford the fees. Also how can she get a mortgage for something else, when one part time job is permanent, the other is temporary?
I really want to help her, thanks.

Just to clarify, Legal Aid/Public funding is not free in any event. If money or property is recovered, then the the Legal Services commission must be repaid. If the client is not able to pay in one go which is often the case, then usually a charge (like a second m ortgage) is placed on the client's home.

The advantage of public funding is that the hourly rate is much cheaper than the solicitors private charging rate.

I believe that there has been a misunderstanding with regards to her solicitors charging rate. I find it hard to believe that it is 148 (no pound sign on this laptop) per hour. More likely, the solicitors charging rate is 148 per hour and letters are pro rata. Letters out and telephone calls would normally be 10%, so 14.80 and letters in (for the solicitor to read and consider) would normally be 20% of the hourly rate so 7.40.

It is normal practice to request funds in advance, particularly where disbursements (payments out by the solicitor) need to be paid however I have to say that 1,000 sounds quite steep. Impossible to say at the start of a case how much the costs will be in the end but the quote given sounds rather high. However, if financial matters become contested and the matter goes to Court there could be several court hearings and if counsel (barristers) are involved, costs do increase. Solicitors have to try to keep clients abreast of the situation with regards to costs and should update them regularly with regards to this. I think your friend needs to speak to her solicitor in order to clarify matters and it sounds like there may have been a little confusion.

Yes sorry, It was £148 per hour, and extra for letters and phone calls. But she cannot afford it. How can she get a second mortgage if she will barely get a first one?
Surely someone has been in a similar situation? She has no family to borrow from. I really sorry for her. No savings, low income, no maintenance and now about to lose her house.
Can anyone help?
FWIW she has tried to contact another solicitor to get diffferent quotes, but cannot have an appointment for 3 weeks.

Bump! Has no one been divorced and skint???!

I would expect to pay about £3-6k per hearing with the first hearing being at the lower end and a final (third) hearing at the upper end. Most cases don't actually go to court and those that do usually settle without going to a final hearing.

Alternatively it might be worth trying to find a solicitor who can advice on an ad hoc basis. Some are prepared to do that and your friend can pay by the hour as she goes. Initially it is a good idea to see a solicitor to find out where you stand and what options there are but sadly when resources are short sometimes it is necessary to fill in forms, write letters and represent yourself.

Whose name are the deeds of the house in? If they are in the husband's name your friend needs to register matrimonial home rights with the Land Registry PDQ so the house cannot be sold until there are proper arrangements in place. The solicitor cannot instruct her to sell the house.

With divorce settlements housing dependent children is a priority and depending on the particular circumstances one possibility might be deferring the house sale until the youngest child reaches 18 and the parent with the majority of care of the children making "best endeavours" to release the other party from the mortgage. Some mortgage lenders will take CM into account as income.

Has she applied for Working Families Tax Credits? She can check out what state help she now entitled to at www.entitledto.co.uk It is possible to apply online for child support through the Child Support Agency. Once an application is received the CSA write to the non resident parent and they are liable for child maintenance from that date although it can take several weeks before any payment is received.

Hi there

Your friend has my sympathy. From what you say, she is just outside the legal aid bracket but private rates too high. Find a solicitor who tailors hourly rates to financial circumstances. That amount of money upfront does sound a lot but if there are court proceedings and things to do quickly, it's not too unrealistic. She shouldn't have been told to sell the house.

I agree that she should try and find a fixed fee or ad hoc deal. A long shot which unfortunately does cost is to apply for maintenance pending suit. This application is for maintenance now to help pay her legal fees because if she cannot get legal advice, the parties are not on equal footing. Maintenance will only be ordered if he has some disposable income or perhaps from joint savings if he is using the same for his fees?

Hope she works something out.

Best regards

Harjit Sarang