Divorce - Solicitor Fees

starlorna22

Everyone's divorce seems to have cost so much more than mine. I went through a solicitor and got a financial settlement, and the whole thing cost about £1200 and took about 6 months. It was fairly straight forward as we had no kids etc, but if the divorce is going to be pretty straight forward I really can't see how it's going to be 10k

allycat999

Bossyboots wrote:

Its only a small minority who cannot undertake mediation. For the rest it is a case of one or both parties simply refusing to. Anyone seeking legal aid now for family law assistance has to attend mediation before they can apply for funding, except those in your position of course who would still be exempt.

I was forced to attend mediation, even though I was getting divorced because of domestic violence (he fractured my skull) I was told that I had to attend one session or my legal aid would be stopped. I attended the session it was a truly horrible and traumatic experience, and thankfully did not have to attend further sessions.

Bossyboots

allycat999 wrote:

I was forced to attend mediation, even though I was getting divorced because of domestic violence (he fractured my skull) I was told that I had to attend one session or my legal aid would be stopped. I attended the session it was a truly horrible and traumatic experience, and thankfully did not have to attend further sessions.

You were incorrectly advised. There is a tick box on the mediation form which states that mediation is not appropriate because you were fearful of your partner. You should not have been sent for mediation. The only way you would have had to go is if the LSC refused your application because of it, but given your injury at the hands of your partner they should not have suggested it and I would be surprised if they did so unless they were not given the full information by your solicitor.

mah_jong

starlorna22 wrote:

Everyone's divorce seems to have cost so much more than mine. I went through a solicitor and got a financial settlement, and the whole thing cost about £1200 and took about 6 months. It was fairly straight forward as we had no kids etc, but if the divorce is going to be pretty straight forward I really can't see how it's going to be 10k

As far as I can make out, it gets expensive when there are children/assets. Also when they haven't agreed on terms prior to applying. And of course you are able to change your mind up to the last minute.

My own was £64, (I think), DIY with 2 years separation and no dependant children, finances

Bossyboots

mah_jong wrote:

As far as I can make out, it gets expensive when there are children/assets. Also when they haven't agreed on terms prior to applying. And of course you are able to change your mind up to the last minute.

My own was £64, (I think), DIY with 2 years separation and no dependant children, finances

Do you have a court/consent order preventing either of you from making a claim against the other in the future?

allycat999

Bossyboots wrote:

You were incorrectly advised. There is a tick box on the mediation form which states that mediation is not appropriate because you were fearful of your partner. You should not have been sent for mediation. The only way you would have had to go is if the LSC refused your application because of it, but given your injury at the hands of your partner they should not have suggested it and I would be surprised if they did so unless they were not given the full information by your solicitor.

I thought that my solicitor had passed all the information on, but I had to go to mediation anyway. I must point out that this was 6 years ago and at the time I was half way through my divorce when the legal aid changed so that to get it you had to attend mediation. Even my solicitor thought it was stupid, but the mediation had just been introduced so its obviously different now - thankgod.
Divorce was a long process but it over and done, so there is light at the end of the tunnel.

Bossyboots

allycat999 wrote:

I thought that my solicitor had passed all the information on, but I had to go to mediation anyway. I must point out that this was 6 years ago and at the time I was half way through my divorce when the legal aid changed so that to get it you had to attend mediation. Even my solicitor thought it was stupid, but the mediation had just been introduced so its obviously different now - thankgod.
Divorce was a long process but it over and done, so there is light at the end of the tunnel.

That would probably explain it. The mediation system was a farce when first introduced (it still is really but some aspects have improved) and the rules needed some refinement. I think it was the safety of the mediators that brought the change about rather than concern for the women, but at least the end result was the same.

Savvy_Sue

Bossyboots wrote:

I think it was the safety of the mediators that brought the change about rather than concern for the women, but at least the end result was the same.

And I bet there were mediators saying "This isn't going to be appropriate in all cases, you know!" As you say, at least the end result was the same.

tigger115

Just thought I would share my experience. I did my own DIY divorce which cost £230 at the end. I did take legal advice before hand on a free consultation basis and the solicitor was trying to fill my head with loads of nonsense (I actually work in a solicitors although I wasn't allowed to use any at my firm). The separation at the time was fairly amicable - finances had been sorted out and we also had a child. I was quoted £1300 at the time and I think solicitor's letters back and forward to each party can only add stress or could easily turn what might be an amicable situation into something worse. I also had a document drawn up by Experian (at the time) - special offer - called something like 'Notice of Disassocation of Finance' whereby any debts belonging to my ex hubby had no bearing on myself etc - think this was incase he got into debt in the next couple of years (i had actually moved to a new address) and when you give your previous address - that any debts run up would have no affect on you. Hope this makes sense?!!

Bossyboots

tigger115 wrote:

Just thought I would share my experience. I did my own DIY divorce which cost £230 at the end. I did take legal advice before hand on a free consultation basis and the solicitor was trying to fill my head with loads of nonsense (I actually work in a solicitors although I wasn't allowed to use any at my firm). The separation at the time was fairly amicable - finances had been sorted out and we also had a child. I was quoted £1300 at the time and I think solicitor's letters back and forward to each party can only add stress or could easily turn what might be an amicable situation into something worse. I also had a document drawn up by Experian (at the time) - special offer - called something like 'Notice of Disassocation of Finance' whereby any debts belonging to my ex hubby had no bearing on myself etc - think this was incase he got into debt in the next couple of years (i had actually moved to a new address) and when you give your previous address - that any debts run up would have no affect on you. Hope this makes sense?!!

Do you have a document though that prevents him from claiming against you if, for example you come into an inheritance or win the lottery?