Do I need a solicitor

mrsjanebanbury2009

My ex husband and I have worked out a financial settlement using mediation (because we wanted to avoid conflict as much as possible) and come to an agreement which I am happy with.
His solicitor has now written to me suggesting strongly that I also appoint a solicitor.
I am reluctant to do this because as far as I can seem, they will either tell me that the settlement is fair (which I think it is) or that I should ask for more (which I don't want to do).
Am I missing something?

plasticcheese

If it will go in front of a judge as part of a consent order, I think the judge is more likely to stamp it if both parties have taken legal advice. What you could do is what my ex intends to, just take a copy of the consent order to see a solicitor for a free half hour, then he can state that he has taken legal advice on it.

PeacefulWaters

A solicitor will need to confirm that you've taken legal advice regarding the consent order.

So yes, you should get one, spend no more than an hour with them and spend no more than £200 on their "advice".

BrassicWoman

all these solicitors giving half hours free is a bit of a myth. Why would they not want paid for their professional services like other workers?

PeacefulWaters

BrassicWoman wrote: »

all these solicitors giving half hours free is a bit of a myth. Why would they not want paid for their professional services like other workers?

If they can give vague generic information for free and attract you back for twenty hours work at £160 plus VAT an hour that free time pays rather well.

comeandgo

BrassicWoman wrote: »

all these solicitors giving half hours free is a bit of a myth. Why would they not want paid for their professional services like other workers?

I have had a free half hour with a solicitor regarding my divorce. In the end did not use her.

gingercordial

mrsjanebanbury2009 wrote: »

My ex husband and I have worked out a financial settlement using mediation (because we wanted to avoid conflict as much as possible) and come to an agreement which I am happy with.
His solicitor has now written to me suggesting strongly that I also appoint a solicitor.
I am reluctant to do this because as far as I can seem, they will either tell me that the settlement is fair (which I think it is) or that I should ask for more (which I don't want to do).
Am I missing something?

I do not believe you have to have a solicitor.

My ex-husband and I worked out a settlement which only needed to be written up properly by a solicitor and presented to the court as a consent order. He had one of the fixed fee solicitors who wrote up what we wanted. I was unrepresented.

The front of our consent order is signed on the left by him as the applicant and underneath countersigned by a representative of his firm of solicitors.

On the right is my signature as respondent and the space below for the name and signature of my solicitors is struck through (his side did this).

Below all this is the following paragraph:

"I, My Name, the Respondent confirm I am acting in person. I have been told that I can have the opportunity of taking independent legal advice on the effect of the attached order. I do not wish to do so. I fully understand the contents."

I was then required to sign again under this paragraph. This confirms to the judge that not having a lawyer was my own free choice and my own problem...

I believe that if settlements seem grossly unfair to a judge he can question them. Not having a lawyer might make this more likely if he thinks you are being taken advantage of. But in my case it was a simple matter, no property, no kids, so given I had signed to say I understood I wasn't being represented it all went through fine.

caprikid1

when I got divorced she appointed a solicitor to do the entire work, I never had any issues with the agreement.


I did though get a solicitor to go through the agreement and advice.


Spent about £1000 I think.


Solicotors summary - Don't rock the boat, both solicitors said she could get a more .


My solicotor did not communicate with the other solictor at all merely reviewed the documents. No one was ever aware I had a solicitor.


Worked for us (-;


For us there was children , houses and quite a lot of assets / cash involved plus pensions.


Have the pensions been fairly split, do you really know your husbands assets ? Having been online dating a bit I get the impression a lot of women out there get royally turned over.

caprikid1

"I believe that if settlements seem grossly unfair to a judge he can question them. Not having a lawyer might make this more likely if he thinks you are being taken advantage of. But in my case it was a simple matter, no property, no kids, so given I had signed to say I understood I wasn't being represented it all went through fine. "


Whilst true a judge can only asses what is put in front of him and with no other solicitor asking for full disclosure....