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    • Justiceforme
    • By Justiceforme 11th Jul 17, 1:56 PM
    • 138Posts
    • 24Thanks
    Justiceforme
    Divorce & No Money For Solicitor Advice
    • #1
    • 11th Jul 17, 1:56 PM
    Divorce & No Money For Solicitor Advice 11th Jul 17 at 1:56 PM
    A friend of mine has applied for a divorce, they have been separated for over 5 years. His wife works part time but claims she can't afford a solicitor. There was no violence or abuse involved, just marriage breakdown. How do people pay for a solicitor when on a limited income? Legal Aid is not available as far as I'm aware.
    Any advice on this matter would be appreciated.

    Many thanks
Page 1
    • gingercordial
    • By gingercordial 11th Jul 17, 2:27 PM
    • 955 Posts
    • 903 Thanks
    gingercordial
    • #2
    • 11th Jul 17, 2:27 PM
    • #2
    • 11th Jul 17, 2:27 PM
    Do they agree on what should be done with the finances?

    Is there a house, and are there children involved?

    My ex-husband and I did it with one of the cheap flat-fee solicitors, but that's because we weren't arguing over finances and had no children and no house. We agreed our financial split as a clean break (single payment to split the savings then case closed) and the solicitor just documented that and filed the forms. Cost us about £400 plus the court filing fees.

    My mother even did this all herself, back in the early '70s with her first marriage. She bought herself a book on it.

    If they don't agree and want to argue about it, or if there's a house or pension to be split/transferred or any maintenance for children it will need a solicitor.
    • Justiceforme
    • By Justiceforme 11th Jul 17, 2:43 PM
    • 138 Posts
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    Justiceforme
    • #3
    • 11th Jul 17, 2:43 PM
    • #3
    • 11th Jul 17, 2:43 PM
    Thanks for reply. Yes they do own a house and have 1 child now aged 11.
    They have not made any agreement regarding property but he has fully maintained child and most of the bills including full cost of mortgage repayments. He has employed a solicitor and started proceedings but she maintains that she can't afford to pay for one. She is unable to borrow money due to poor credit rating.

    I wondered if she would be able to claim any help from the government due to low income and certain benefits? He is not aware of her benefit situation, she will not disclose info.
    • Mojisola
    • By Mojisola 11th Jul 17, 2:55 PM
    • 27,982 Posts
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    Mojisola
    • #4
    • 11th Jul 17, 2:55 PM
    • #4
    • 11th Jul 17, 2:55 PM
    Yes they do own a house and have 1 child now aged 11.

    They have not made any agreement regarding property but he has fully maintained child and most of the bills including full cost of mortgage repayments.

    He has employed a solicitor and started proceedings but she maintains that she can't afford to pay for one. She is unable to borrow money due to poor credit rating.
    Originally posted by Justiceforme
    If he has an idea of how much she earns, he can run the figures through a benefit checker. With her wages, benefits and his financial contribution, she may be bringing in a lot of money each week.

    If she has a poor credit rating, is it to do with too much spending rather than not enough income? If so, she could find the money for legal advice if she wanted to.
    • Guest101
    • By Guest101 11th Jul 17, 3:07 PM
    • 14,625 Posts
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    Guest101
    • #5
    • 11th Jul 17, 3:07 PM
    • #5
    • 11th Jul 17, 3:07 PM
    Thanks for reply. Yes they do own a house and have 1 child now aged 11.
    They have not made any agreement regarding property but he has fully maintained child and most of the bills including full cost of mortgage repayments. He has employed a solicitor and started proceedings but she maintains that she can't afford to pay for one. She is unable to borrow money due to poor credit rating.

    I wondered if she would be able to claim any help from the government due to low income and certain benefits? He is not aware of her benefit situation, she will not disclose info.
    Originally posted by Justiceforme
    No, why would there be. She doesn't NEED a solicitor, she'd just quite like one
    • caprikid1
    • By caprikid1 11th Jul 17, 4:42 PM
    • 436 Posts
    • 456 Thanks
    caprikid1
    • #6
    • 11th Jul 17, 4:42 PM
    • #6
    • 11th Jul 17, 4:42 PM
    Any Solicitor can give a free 30 minutes, they might have ideas as to how to pay for it, IE Charge on property.
    • Guest101
    • By Guest101 11th Jul 17, 5:06 PM
    • 14,625 Posts
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    Guest101
    • #7
    • 11th Jul 17, 5:06 PM
    • #7
    • 11th Jul 17, 5:06 PM
    Any Solicitor can give a free 30 minutes, they might have ideas as to how to pay for it, IE Charge on property.
    Originally posted by caprikid1
    I'd avoid any solicitor who suggested this when there's a divorce and a child involved!
    • Justiceforme
    • By Justiceforme 11th Jul 17, 5:22 PM
    • 138 Posts
    • 24 Thanks
    Justiceforme
    • #8
    • 11th Jul 17, 5:22 PM
    Divorce & No Money For Solicitor Advice
    • #8
    • 11th Jul 17, 5:22 PM
    If he has an idea of how much she earns, he can run the figures through a benefit checker. With her wages, benefits and his financial contribution, she may be bringing in a lot of money each week.

    If she has a poor credit rating, is it to do with too much spending rather than not enough income? If so, she could find the money for legal advice if she wanted to.
    Originally posted by Mojisola
    The wife will not disclose income. Poor credit rating is due to overspending for many years.

    Many thanks for advise, will pass info on to him.
    • Mojisola
    • By Mojisola 11th Jul 17, 5:27 PM
    • 27,982 Posts
    • 71,140 Thanks
    Mojisola
    • #9
    • 11th Jul 17, 5:27 PM
    • #9
    • 11th Jul 17, 5:27 PM
    The wife will not disclose income. Poor credit rating is due to overspending for many years.
    Originally posted by Justiceforme
    He could make a guess at her wages if he has an idea of how many hours she works and fill in the benefit checker.

    Some part-timers end up with more money every week than the ex by the time wages, benefits and child maintenance are added together.
    • Sambella
    • By Sambella 11th Jul 17, 5:56 PM
    • 319 Posts
    • 301 Thanks
    Sambella
    Seems unfair that he pays the full mortgage after this length of time AND some bills. That’s a large chunk of expenditure that she doesn’t have unlike most other people. If she is on tax credits/CTC plus wage plus child maintenance without some of the bills and mortgage she is flying!!!

    If her finances were looked at she probably can afford it which is why she most likely won’t declare. The actual divorce shouldn’t cost very much it’s the financial settlement which could be more costly if it becomes protracted. The more they agree the cheaper it will be.

    After 5 years he doesn’t need her permission to divorce but he does need a financial settlement to prevent her chasing him for money later.
    • macman
    • By macman 11th Jul 17, 5:59 PM
    • 41,100 Posts
    • 16,851 Thanks
    macman
    If she won't disclose her income, then how does she think that a court is going to determine any financial settlement with the divorce?
    No free lunch, and no free laptop
    • Justiceforme
    • By Justiceforme 11th Jul 17, 7:00 PM
    • 138 Posts
    • 24 Thanks
    Justiceforme
    If he has an idea of how much she earns, he can run the figures through a benefit checker. With her wages, benefits and his financial contribution, she may be bringing in a lot of money each week.

    If she has a poor credit rating, is it to do with too much spending rather than not enough income? If so, she could find the money for legal advice if she wanted to.
    Originally posted by Mojisola
    Seems unfair that he pays the full mortgage after this length of time AND some bills. That’s a large chunk of expenditure that she doesn’t have unlike most other people. If she is on tax credits/CTC plus wage plus child maintenance without some of the bills and mortgage she is flying!!!

    If her finances were looked at she probably can afford it which is why she most likely won’t declare. The actual divorce shouldn’t cost very much it’s the financial settlement which could be more costly if it becomes protracted. The more they agree the cheaper it will be.

    After 5 years he doesn’t need her permission to divorce but he does need a financial settlement to prevent her chasing him for money later.
    Originally posted by Sambella
    I totally agree with you. She would not reply to his solicitors letter, so he has to pay for a copy of the letter to be hand delivered, at great expense.

    I'm sure a judge could force the person to disclose their income if it the case goes to court.

    Thanks
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