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No money for solicitor, but need to see one

14 replies

Sparrowlegs248 · 14/06/2017 19:35

How on earth do I proceed? Is there a way to defer payment as there will be some equity in the house?

I really really can't carry on. I need to get things started. He said he had an appointment with a solicitor a month or two ago but it was clearly just talk. I was hoping he actually had and he would crack on with it.

OP posts:
Changedname3456 · 14/06/2017 20:18

Unless you have some crazily complicated finances to unravel, or you're concerned that the two of you won't agree on Contact arrangements (assuming you have DC), then you can get the ball rolling on the divorce easily enough without using a solicitor.

There are a load of websites that talk you through the process and the forms to apply for the divorce are a fixed fee. TBH, you won't need a solicitor for the first stage - get it done yourself. Then sit down with him and see if you can work out what's fair and/or meets the needs of any dc. Any agreement you come to will need to be looked over and rubber stamped by a solicitor. Where I live the going rate seems to be about £700 (a huge ripoff IMO, but that's lawyers for you).

If it's just the two of you, and your main or only asset is the equity in the house, and/or respective pensions, then it would normally start on a 50:50 split. I believe it would only really depart from that if you're older and have taken significant time off work (e.g. for DC) and need some interim support. The kids needs for housing would also be taken into account which might then skew the settlement toward the "resident" parent.

Lots of solicitors will give you a free initial 30 minutes so you could call a few and ask if they do. Make sure you know that's what you're getting though - mine asked me to pony up £200 plus VAT for what I'd thought was a free intro.

It may also be worth getting a CMS claim in early if you have DC as it can take a while for them to get their arses in gear. Even if you only ask them to work out what he'd be due to pay.

Sparrowlegs248 · 14/06/2017 20:38

Thank you. No, nothing too complex but I'm completely clueless about the whole process. I have some debt 'not massive bur I'm stuck with it as I'm on maternity leave) so think sale of the house would be preferable to me, so I can pay everything and start with a clean slate.

He's not going to be happy. But we can't go for more than a couple days without sonething minor becoming a major issue and him being snotty /ignoring for days. I can't do it. I don't want the babies exposed to it.

OP posts:
mummytime · 14/06/2017 20:45

I'd contact local solicitors, some do still offer a free 1/2 hour. But anyway they should be able to discuss fees and how to pay, they may also offer mediation which can be cheaper. But with a child you do need some advice.

springydaffs · 15/06/2017 00:13

I paid my lawyers from the sale of the marital home. I paid subsequent lawyers on a monthly basis (eg £40pm I think?) over a number of years.

Luncharmstrong · 15/06/2017 00:45

I don't know. I recently had to use a solicitor, £20 FOR 6 MIN.
That s £200/hour.

Even with secretaries and overheads , that spells robbing bastards to me .

I fucking hate them.

Do you really need them ?

springydaffs · 15/06/2017 00:50

Was it a family lawyer lunch?

Family lawyers who belong to the Family Law Association generally work towards making the process as accessible and painless as possible.

Whyiseverynameinuse · 15/06/2017 01:11

You can ask a solicitor to set up a loan against your property. It gets paid upon completion of divorce/house sale. Good luck OP Flowers

Sparrowlegs248 · 15/06/2017 02:32

Thanks all. I feel I need some advice over what my options are

OP posts:
greenberet · 15/06/2017 06:37

Agree with lunch - take advantage of you in a vulnerable position when you are already vulnerable. See if you can get a recommendation off here.

Mine was a reputable firm or so I thought spring until I found out the same had happened to someone else.

Look them up on solicitors review

Luncharmstrong · 16/06/2017 08:23

Yes , family lawyer in a small town.
Came highly recommended.
I did lots of the legwork myself to save on costs then found the solicitor duplicated it at a charge of course.

ArgyMargy · 16/06/2017 08:55

We started with mediation (could be free if you're on low income) then I engaged one of their solicitors to finish the job. Excellent service, fixed fee so no stupid charges for reading emails or taking phone calls etc. Google divorce mediation services. Also recommend Wickivorce which is a govt initiative.

INeedANameChange · 16/06/2017 10:33

*I don't know. I recently had to use a solicitor, £20 FOR 6 MIN.
That s £200/hour.

Even with secretaries and overheads , that spells robbing bastards to me.*

They're running a business so I'm not sure what you were expecting. But you don't HAVE to see someone on that hourly rate. Juniors/trainees charge from £100/hour.

OP, many family lawyers offer a free consultation and sometimes fixed fee work, particularly if you only want to understand your options.

Syc4moreTrees · 16/06/2017 11:01

My old firm offered 30 minutes consultation for free, and then billed at between £150-£275/hour depending on experience and complexity of the case. I think the fees are reasonable for what happens, but maybe check if you are entitled to legal aid?

traviata · 16/06/2017 11:05

Many solicitors are members of Resolution, which also tries to make the process painless and doesn't advocate a confrontational style (which is normally much more expensive).

OP google Sears Tooth agreements - they are deferred payment arrangements where there is equity. eg here

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