£1,000 up front for Solicitor - is this the usual?

[timetogetthingsmoving]

Hello

I have posted here before, but have changed my name, as the previous one I was using was too close to my real name, and don't want to risk anyone in RL reconizing me!!

My Husband left the family home last year, he has been to a solicitor, and I am in the process of getting one too. I spoke to 2 today, and both said they require £1,000 up front, as a down payment. Not sure if that was the exact wording they used, think they called it something else. I was just wondering if this is usual. My case is probably more complex as their is a disabled child involved, and I wanted someone who not only deals with, family Law, but has knowledge of Special needs too.

Thanks in advance

I work for solicitors and we usually ask for £250-£300 in advance for matrimonial/family cases.
Where are you based? I know a good family solicitor in Hampshire

Thanks Whoops,
I'm in London, so a bit far lol thanks anyway.

I've been recommended the one that I will more than likely use, by the Advocat who helped me with Educational issues, so am happier to go with them, rather than the first ones I rang, even tho they were nearer, prices were about the same. Still a bit shocked at the costs tho - had hoped I would qualify for legal aid, but thats not the case. At least I know now tho. Luckily I didn't cancel all my overdraft when we closed the joint account! will have to get saving. I have a £2,000 overdraft, now thinking I should have kept it as it was which was closer to £5,000 but thought it was a good idea at the time.

thanks again

Hi there.

The firm should give you a breakdown of the payment on account. I normally ask new clients to pay the £300 court fee for filing the petition upfront together with about 2.5 hours worth of work (£500).

If you're not the petitioner, you don't have to pay that court fee.

If you are, and as they will hopefully have explained to you, they'll try to claw back part or all of your costs by way of what's called a prayer in the petition.

Hi Mumblechum,
ahh 'yes' that was the term they used 'payment on account'.

At the moment, all I have had from ex sol is a, 'form e' to fill out, as Neither of us were concerned about actually divorcing at this stage. However with him being such an arse, ie trying to get out of having dd evey 4 weeks, and changing dates at last minute, (half hour notice!) when she was due to be dropped off by the school bus. I feel that I would just like to get it all out of the way at once. But if thats going to cost me more, ie if I start the acual divorce proceedings I wouldn't be able to claim back some of the costs, not sure if its in my best interest to go down that line? Instead maybe just actually get the finanical settlement sorted out?
Although I would quite like to 'suprise' him with the divorce papers!! Am so up in the air at the moment, don't know which way I'm going!

Thanks again, any advice very welcome
x

I'd just crack on with the divorce if I were you, as the court can't make a consent order until the decree nisi has been pronounced.

So, step 1 - issue proceedings, claiming a refund of your divorce costs in the petition

step 2 - exchange Forms E, hopefully come to a deal, which will be embodied in a consent order signed by both of you

step 3 - Decree Nisi

step 4 - Consent order approved (sealed) by the court

step 5 - Apply Decree Absolute

Job done.

Aww Mumblechum,
thanks sooo much

With claiming my costs in the pettion, do I have to state why I am doing that? My income is now more than his on his own, although with his 'partners' that would make it more, but don't think that comes into it? I assume that the sol will talk me through all this, but would like to look like I know what I'm talkiing about lol

I shall print off your 'list', as makes it seem much simpler, and can then cross of each step as I do them You have lifted a huge weight of my shoulders, as it doesn't seem quite so daunting now. Although I know it will be quite a job.

Thanks again
x

One other thing, sorry! Would you suggest going down the 'Adultry' route or unreasonable behaviour? he is now living with the woman he had been having the affair with, so is that enough to go on? seeing as he is still married to me legally but living with another woman? I beleive he was seeing her for 3 - 4 years. He has said to one of my Children that no it was not 4 years, just 18 Months!!
we were married just ove 17 years.

OK, so far as the costs issue is concerned, it's standard practice for the Petitioner to claim back all the costs. You don't have to go into detail in the petition, in fact you just have a little space to say whether you're claiming them or not.

When your ex gets his copy of the petition from the court he also gets an acknowledgement of service form with a box for him to say whether he agrees to pay the costs or not, or is offering say £500 towards them. Your sol will, when applying for decree nisi then ask again for all or part of the costs and when the district judge looks at the file will hopefully make an order for the costs. My own practice is always to chase for the costs to be paid by the respondent within 14 days of the costs order being made but most sols leave it till the end of the case. The reason I do it my way is that I can (Rule 44 of the Court Proceedings Rules!) and it helps the client's cash flow enormously if we can get a nice chunk of cash from the Respondent.

On your second q, of whether to go for unreasonable behaviour or adultery, the safest option is behaviour unless your husband has signed a confession statement in advance. Otherwise the risk is that you issue on adultery, he then denies it and you've wasted a lot of time and money. If you go on behaviour, he doesn't strictly speaking have to admit it, you can steamroller ahead and get your decree nisi without his admission.

Your solicitor will, before issuing the petition at court, send a draft to your ex's solicitor so that any arguments can be resolved before the court gets involved.

Thankyou

Just wanted to update - The solicitor phoned me today, and it turns out i am entitled to legal aid afterall providing the £30 a Month that I miscaluclated on the child tax credits, doesn't increase my income by too much so that I wouldn't be. Hoping that it won't.

I have an appt next week.

Oh, that's good news! It'll save you a packet.