Total divorce costs at court

stewartjrl

Does anyone have any idea of what total costs could run to if a divorce goes to court ? I am being warned (threatened ?) that it could run to tens of thousands of pounds. There are not many assets in value to discuss apart from the house but we do have two children and I have a pension fund. I need to find a balance between a possibly more favourable outcome and the expense. I only seem to be able to find posts for more basic (but not cheap anyway) costs here in the region of £1200 or so. Many thanks.

mouseymousey99

Depends on what you have. You will be asked to complete a 'Form E' detailing all assests, and of course depends what you are fighting about. Sorry to give an inconclusive reply but it really is a piece of string...
My advice would be to sort out as much as humanly possible before you set foot in court.

mookiandco

costs for Ancillary relief proceedings will usually be in the region of £5000 to £10,000 if it goes to court. It could also last up to 1 and 1/2 years from start to finish. Even if you are entitled to legal aid, if you recover money or property from proceedings then you will have to pay back your legal costs. If there is not much in the matrimonial pot, you need to factor in these costs and also the time, energy, upset etc that this will all cause. Better to reach agreement if you can.

If its just a divorce + consent order for the finances, you will be looking at about £1500. A basic divorce is usually about £850 + VAT + disbursements ( courts fee = £300 + Decree absolute application - £40.00)

Solicitors do warn of the costs (not threaten) because people dont realise how quickly they spiral out of control. A form e is about 30 pages, a solicitor will need to complete this - it usually takes a few hours. They will then need to consider other sides form e - again a couple of hours. Barrister for a half day hearing - usually about £750 and double if it lasts a whole day. These are just some examples. financial proceedings are not for the faint hearted.

sarymclary

Many factors can be taken into consideration. Provided both parties are amicable, and able to discuss arrangements re. children.

My experience of the proceedings was frustrating, because my ex didn't fill out his forms at the required time, stalled matters for months when the financial statements were needed, and was unreliable with the access/children. This led to further costs being incurred, deferred court dates, a need for a barrister, etc. My total legal bill was £7,500, and I didn't even get to the decree absolute because my ex died before it could take effect!

You obviously need to take into account the circumstances surrounding your split, and factors such as how long the marriage has been, both of your financial situations, etc. Pension rights, etc will be part of the financial settlement (I waivered my rights). Maintenance to a spouse is usually only payable in situations where the marriage is of very long standing, or where considerable wealth is an issue. The fact that you are trying to keep costs down, and not already seeking legal advice leads me to think you don't fall into the wealthy category!

Generally speaking, finances and marital assets start with a 50/50 split arrangement, but are negotiable based on circumstances. An example from my own situation is that I was awarded 90% of the marital assets, because my ex cleared all our bank accounts as soon as I asked for a separation, and then failed to provide adequately for our children thereafter. The court calculated he would have just enough out of the settlement to clear his debts owed to his bank. My ex considered this to be very unfair, since he felt it was his hard earned cash that had bought the assets. The courts are there to remain impartial, and make their decisions based on the evidence presented, such as financial statements, etc.

In my ex's case, his desire to keep all the assets to himself, and unwillingness to discuss his finances with the court proved him to be untrustworthy, and defiant. Not something the courts like. I, on the other hand, had given my financial statement immediately it was asked for, and was very open and honest about my finances. I kept trying to advise my ex to just be honest, and do as he was asked, but in the end the court had to threaten to imprison him for contempt so that he would finally submit his bank statements, etc.

I understand you may be trying to protect your own interests, but the court's decision will primarily be to ensure you agree to still contribute to the upbringing of your children. What happens to property, etc. will be decided based upon your individual financial situations, such as either one being able to 'buy-out' the other, or selling and splitting the proceeds.

Many solicitors offer a free half-hour consultation, perhaps you would benefit from this?