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are there any good general websites I can read or does anyone have a list of things courts will take into account on divorce?

6 replies

SenoraPostrophe · 26/11/2007 16:06

not for me, thank goodness, but is there any general advice? obv seeing a laywer is probably a good idea, but do you really have to do that? how much would you expect to pay if everything is amicable? also how much notice do the courts take of who has paid what before the split?

OP posts:
Freckle · 26/11/2007 16:17

There are so many variables that it's difficult to do a list. Are there any children? How long were they married? Who has contributed what to joint assets? Any property involved?

If they can agree matters between them, then they can just do a consent order and, unless the judge feels one party is being seriously sold short, the court will rubber-stamp it.

mumblechum · 26/11/2007 16:19

It's impossible to give a one line answer to this question, but here's the checklist of what's taken into account (Matrimonial Causes Act l973 S. 24/25 if you really want to know).

Welfare of any children
Length of marriage

contributions of each party (inc. SAHM contr.)

Each party's capital resources and needs

Each party's income resources and needs, inc. future potential income

Ages of parties & any disability

Pensions positions

If a couple have no children and earn the same, there'd normally be a 50/50 split of everything. If that is not the situation, then there'll have to be adjustments to find a solution fair to both parties but always with the welfare of the children being the first consideration.

SenoraPostrophe · 26/11/2007 16:34

thanks!

I meant how much would you expect to pay to a solicitor if there are no big rows.

That is reassuring though. I thought that the new maintenance laws had meant that assets were usually split 50-50 anyway even if there are children. don't know why I thought that...

OP posts:
mintydixcharrington · 26/11/2007 17:00

senorapostrophe, there are no "new laws" but there has been a lot of case law over the last three or so years in so-called "big money" cases. ie cases where the assets are much greater than what is simply required to rehouse both parties and deal with their "needs" as set out in the MCA. Those cases basically say that where there are a surfeit of assets there should be much more equality in the division of assets (I am paraphrasing enormously here). It isn't a massively complicated area, but it is something that your friend should get legal advice on, I wouldn't do it solo.
If she really wants to read about it there are some not too complicated books on family law if she goes to a bookshop and has a look. She should try and get something published in 2007 or 2006 at the v earliest though.

A family lawyer will charge by the hour - usually at least £150ish (rising to much higher depending who she uses). Would be worth paying for at least a few hours for some advice I think

mumblechum · 26/11/2007 17:04

No, the question of spousal maintenance depends on whether there's a significant gap between the wife's income and her outgoings and of course on whether the husband can afford to help bridge that gap.

Child mtce is simple, it's 15% of father's net income for one child, 20% for 2 and 25% for 3 or more.

Costs wise, I think I'm fairly average for South East at £170 per hour plus VAT. Your friend may qualify for legal aid.

A "bog standard" financial settlement with a bit of aggro but not a ridiculous amount will probably cost about £4k each party, maybe less if they negotiate sensibly.

The divorce itself typically cost about £300 plus VAT plus court fees of £340.

One way of keeping costs down significantly is to go to mediation. If mediation is successful all the lawyers have to do is agree the wording of the consent order, not go through all the disclosure and negotiation procedure.

mumblechum · 26/11/2007 17:05

Sorry, typo. Divorce itself (ie petition thru to decree absolute) £500 not £300 plus VAT & court fees.

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