How to pay solicitors fees for divorce

indialola

NAR - can I ask, did you get a loan from a bank?
Sorry to be personal.

NAR

indialola wrote: »

NAR - can I ask, did you get a loan from a bank?
Sorry to be personal.

Yes, but it was about ten years ago when banks were happy to lend. Might not be so easy in today's financial climate. Knowing that you are going to receive a large sum in settlement your friendly bank manager may be prepared to lend, I would recommend an interview with him to gauge response, as a starting point.

floss2

OP, you need to find another solicitor - they all know what they are talking about, thats down to the years of training & knowledge & expertise, but as a general rule, they do not need payment up front.

Look on the Law Society website, on Family Lawyers in your area for others to contact. Book a couple of free half-hour appointments, and go with the one who you feel most comfortable with, who is content to wait until your settlement is paid for their costs.

Your husband does not want to use solicitors because he knows it will cost him more than he is prepared to give you. To help you & your solicitor, try and get copies of any financial documents, account numbers or even names of banks / isnurance companies where your husband may have accounts or policies while you are still in the same home. Also, get a copy of the company's latest accounts

NAR

floss2 wrote: »

they all know what they are talking about,

Sorry but I disagree, and where there are extensive sums potentially hidden it is imperative to get an experienced divorce solicitor.
My ex had an excellent criminal (his specialism) solicitor, but my solicitor and barrister ran rings round him when we were in court. My settlement was much better than had been previously offered to my ex. Just my experience of course.

daska

NAR wrote: »

Sorry but I disagree, and where there are extensive sums potentially hidden it is imperative to get an experienced divorce solicitor.
My ex had an excellent criminal (his specialism) solicitor, but my solicitor and barrister ran rings round him when we were in court. My settlement was much better than had been previously offered to my ex. Just my experience of course.

I agree with NAR, my first husband ran rings around my solicitors who obviously didn't have a clue where to start digging. I was just lucky that he was an idiot in other ways and was so intent on getting one over on me that he didn't notice I'd increased my earnings from under £20K to over £50K...

booma_mitch

I was a family lawyer in a previous life and what you are describing sounds absolutely normal. I always asked for a sum of money upfront, a different amount depending on how complex the case was likely to be. The money would be held on the client account and if the case was settled without using it all, the balance would be repaid to the client. It is quite worrying how many people are so mistrusting of solicitors!

Our firm insisted that clients were billed monthly and we were not permitted to agree a "it will come from the proceeds of the divorce" type arrangement. We had several options available to clients who couldn't pay the bills as they fell due. We had an agreement with a local bank that they would assess the client to see if they could offer some funding, sort of a bank loan, but without any repayments until the outcome of the case. We had to do a letter setting out the background of the case and the likely outcome. If it was clear that monies would be recovered by the client during the divorce process then they would lend the divorce fees (reviewed as the case progressed) to the client.

We also allowed payment by instalments, but to be honest from what you have said, yours has the potential to become and expensive case and the fees can rack up quite quickly so this might not be the best option.

Depending on the circumstances, your Husband's income and the amount of maintenance he is paying to you, your solicitor may advise you to make an application to court for an increase in the interim maintenance that your Husband is paying to you until matters are resolved at court (if court is necessary). You would be required to complete a budget sheet of your needs for this application and in this budget you can include your legal costs as an ongoing expense. However, this is very much dependent upon the circumstances and income levels involved and not suitable in every case.

As other people have suggested, there is always a loan, but to be honest you and your solicitor have no idea at this stage how much the whole process is going to cost, it depends on so many factors, and therefore you have no idea how much to try and borrow. Many clients were able to borrow the money to pay bills from family and then repay them at the end of the case, but again, this isn't open to everybody. Credit cards have their uses, but the repayments can be crippling.

I would suggest that you speak to your solicitor again and ask if the firm has any links with local banks who arrange to fund legal fees. If you tell your solicitor your concerns they may have other options available.

Good Luck!

mrsb83_2

It is just not true that all solicitors will wait to be paid. Many solicitors offices now have policies that require payments on account. If they have a lot of work, are a small practice, or are concerned that you won't be able to pay a big bill at the end then they will ask for upfront payments. I wouldn't read anything negative into it at all.

If you like your solicitor and are happy with the advice, then definitely stick with her. It'll be worth it in the end.

Perhaps ask her for a payment plan if you can't raise short term funds?

booma_mitch

floss2 wrote: »

OP, you need to find another solicitor - they all know what they are talking about, thats down to the years of training & knowledge & expertise, but as a general rule, they do not need payment up front.

Floss, whilst there is a general feeling that all solicitors know what they are talking about, it is worth keeping hold of a good one that you have a good feeling about and has been recommended by a friend. It is quite worrying how many incompetent solicitors are out there. To be honest, a solicitor that asks for a contribution to costs upfront in the sum mentioned (not the same as charging in advance) strikes me as being from a firm who is used to dealing with cases at the sort of level we are talking about.