What to take to the solicitors?

[SpiritualKnot]

DH left 2 weeks ago, affair with girl at work.I'm going to see a solicitor on Wednesday (Day after tomorrow). Costs £145+ VAT an hour! What do I need to take with me? I've got a years set of statements from me and DH . Mortgage details of our house and our buy to let house. Also drafted a list of our in and outgoings for me each month.Savings details. Do I need to take anything else?

What sort of questions should I be asking? I pay both mortgages and he gives me £300 a month (was £500 before he left). We've been in the house 8 years and he's only given me this money towards things in the last 4 years, though he has paid for carpets, some decorating and garden work.

Our rental property is now worth £10,000 less than we paid but we are making good profit on the rent at the moment. There's £110,000 left on this house, which is worth £225,000 and there's £99,000 on the rental property to pay off. I'm in the marital home, he's renting on his own.

We have 2 children aged 18 yrs and 10 yrs, Son leaves to go to Uni in Oct this year.

Ideally, I'd like DH to take over the rental property, me have the house and some contribution financially for the children. If I remortage and pay him off, how much is it reasonable to give him, £20,000? But the extra monthly payment would be about £135 which I might find hard to do, unless he contributes?

Can anyone help? Not even sure what I'm seeing the solicitor for? Am wanting a divorce, but is this meeting a financial one or just to find out what my rights are? Don't want to have umpteen visits as wouldn't be able to afford it.

SK

Hi
i couldnt leave your post unanswered as i have recently (well last week!) been to see solicitor. First of all can i STRONGLY recommend you to get a free initial appointment, lots of solicitors do them. i have had 2 free initial appointments with different solicitors just to see if what they were saying were along the same lines. also you need a good solicitor who you get on ok with. dont pay £150 quid for someone who you just dont like. for me that important as it is an emotional time and process.initial appointment will be your rights and loosley discuss financial stuff and children. also grounds for divorce, in your case adultery.you dont really need to tke anything, she will tell you what she needs to see if you decide you are definately going ahead. after i taked to solicitors i cant bring myself to go ahead, but different circumstances.
hope this helps if only a little, good luck :-)

this is currently happening to me too but i am a bit further ahead. First meeting the solicitor will talk you through the procedures you dont really need anything other than the grounds for divorce and the overview of what has happened. Totally agree with newmummy on finding the right solicitor. i went to see two one was quite heartless but the one i am using is very understanding and is fighting for the best (but fair deal). Good luck and stay strong!!

I agree, most solicitors offer a free first appointment. I checked out 4 different ones before I chose the one who is representing me. I got on with her the best felt we could work together but she is expensive at £180+VAT per hour. She is a specialist in collaborative law, where both parties work together with their legal representation to come to an agreement without it going through the courts, but all is legal and supported by court orders.
I took all paperwork to our second meeting, photocopies of wage slips, P60's, mortgage statements, bank statements, savings details, share certificates, a basic budget, plus ID.
I have access to all documents so it was easy for me to gather this all together. We have a draft proposal ready so we are a bit further on than you, but good luck. Just make sure you chooses the lawyer that feels right for you.

I went and saw the solicitor as planned.Took all my documents, so thanks for that advice. He was really nice and said that dh and I should agree as much as possible otherwise he'd end up being the one that would profit from it. He said some solicitors try and encourage disputes, he would let me know if dh chose one of those and to change to another one.

He says he would do the divorce for under a £1000. His assistant, who's mum I know well, would take one the case to reduce costs, but he would be guiding her. He thought it was a little early to be seeking divorce.

He gave 3 options: 1)quick divorce and agreed payoff from me, from remortaging the house and giving him £20,000,house then in my name 2)wait until September (son finished A levels and more time to think)and then do the £20,000 payoff, 3)stay in the house, sell when daughter reaches 18/21 (8/11 years time), then sell house and agree split, which would start at 50:50.

Dh and I are going for options 1 or 2. Dh thinking it over. I think I prefer option 2, but have some concerns that his new girlfriend might try and persuade him to go for more money. Solicitor says that might happen but if he goes for £30,000 instead of £20,000 and I dispute it, would cost dh about £10,000 to sort it anyway.

SK

Sk, my best advice is to write everything down, so that the solicitor does not get it wrong, or have to spend time writing everything down. If it is clearly written down, the expensive time spent on that is avoided. You don't say how long you were married. Give your ages, whether either of you has been married before and has children. Start with the date of cohabitation and marriage. State who brought what to the relationship, eg. a flat or house or savings, redundancy payments, inheritances, pensions contributions. State who earns what. Get estate agents valuations of any property, deduct costs of sale, mortgage redemption, Capital Gains Tax etc on all properties save for the former matrimonial which will be CGT free. Get the value of any pensions, shares, bonds, etc, stating when they were commenced, ie, before the relationship started or after and who paid for them. Give the ages of the children and who they want to live with. If the former matrimonial home has to be sold find estate agents particulars of alternative homes for you and the children and for him. Later on you must visit these properties and compile reasons why some are suitable and others are not (busy road, too small, wrong area, rising damp, subsidence etc). On a separate paper you could write down your proposed settlement, however, this may well change once you know your rights. Most solicitors will have a form for you to fill in your expenditure. Bring all documents, if they are unnecessary no harm done. Bring your marriage certificate. Good Luck