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Divorce & No Money For Solicitor Advice
Justiceforme
Posts: 249 Forumite
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
Any advice on this matter would be appreciated.
Many thanks
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Comments
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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.0 -
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.0 -
Justiceforme wrote: »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.
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.0 -
Justiceforme wrote: »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.0 -
Any Solicitor can give a free 30 minutes, they might have ideas as to how to pay for it, IE Charge on property.0
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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.
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.0 -
Justiceforme wrote: »The wife will not disclose income. Poor credit rating is due to overspending for many years.
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.0 -
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.0 -
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 laptop0
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