Help advising a mate on how to get legal advice
Discussion
I'm hoping PH can help me with some info... I'm trying to help a mate get some legal advice and I'll be honest I don't know enough about how things work - asking here so I don't say something incorrect or give him bad advice.
In a nutshell he and his wife are divorcing - they've agreed to do things amicably, but I still think he needs some form of legal advice to sanity check whether things are being worked out fairly and that nothing has been overlooked. The amounts they're dealing with aren't enormous in actual monetary terms.
She's the one who's initiated the process and they've agreed to do an uncontested divorce - things have simply gone south between them (beyond recovery unfortunately). She has engaged a solicitor for the process of doing the divorce paperwork - I'm guessing they might also be advising her in some capacity too.
He did have an initial meeing with a solicitor early on - the 'first hour' at a discounted rate. They are now asking for £2500 on account for any further engagement (which is fair enough) but I wonder whether they're working on the basis that they're expecting he needs/wants ongoing representation when I think what he really needs right now is someone he can come back to and say, "This is what we've agreed between us - does this look right..?"
I've never had to use a solicitor for anything like this so I don't know what the usual procedure/process would be. The paradox is that there's enough that needs discussing and agreeing in some form of binding document but significant legal costs could easily wipe out much of the assets they need to divide up - thereby making the process moot; they're both trying not to get to a stage where everything's 'gone legal' for that reason.
I'm hoping PH can provide advice on the best way forward for him in this situation and what the usual process would be from a solicitor's perspective?
In a nutshell he and his wife are divorcing - they've agreed to do things amicably, but I still think he needs some form of legal advice to sanity check whether things are being worked out fairly and that nothing has been overlooked. The amounts they're dealing with aren't enormous in actual monetary terms.
She's the one who's initiated the process and they've agreed to do an uncontested divorce - things have simply gone south between them (beyond recovery unfortunately). She has engaged a solicitor for the process of doing the divorce paperwork - I'm guessing they might also be advising her in some capacity too.
He did have an initial meeing with a solicitor early on - the 'first hour' at a discounted rate. They are now asking for £2500 on account for any further engagement (which is fair enough) but I wonder whether they're working on the basis that they're expecting he needs/wants ongoing representation when I think what he really needs right now is someone he can come back to and say, "This is what we've agreed between us - does this look right..?"
I've never had to use a solicitor for anything like this so I don't know what the usual procedure/process would be. The paradox is that there's enough that needs discussing and agreeing in some form of binding document but significant legal costs could easily wipe out much of the assets they need to divide up - thereby making the process moot; they're both trying not to get to a stage where everything's 'gone legal' for that reason.
I'm hoping PH can provide advice on the best way forward for him in this situation and what the usual process would be from a solicitor's perspective?
If you formally "instruct" a solicitor then it's "blank cheque" time, the two solicitors will write to and fro, each letter (with associated wrok) costing £200 ish, and the costs are totally uncontrolled.
Yes, this is the way to do it:-
"what he really needs right now is someone he can come back to and say, "This is what we've agreed between us - does this look right..?""
... and don't tell your solicitor who the other one is.
Yes, this is the way to do it:-
"what he really needs right now is someone he can come back to and say, "This is what we've agreed between us - does this look right..?""
... and don't tell your solicitor who the other one is.
I found this website and the forums really useful when going through a divorce 10 years ago to get knowledge on the processes, pitfalls, what was considered fair etc, and used their fixed fee service to manage the application and get some advice.
https://divorce.wikivorce.com/
Appreciate it's not exactly what you are asking for but gives a valuable insight (IMHO)
https://divorce.wikivorce.com/
Appreciate it's not exactly what you are asking for but gives a valuable insight (IMHO)
Appreciate the comments etc, have sent him the link to wikivorce - not had an in-depth look but from what I read I think it could be extremely helpful to him.
The solicitor firm he's met with are a well-rated corporate operation with offices across the South - I wonder whether given that they're trying not to go 'full attack' with each other, he might do better speaking to a smaller (perhaps local?) firm on a slightly less formal basis?
The solicitor firm he's met with are a well-rated corporate operation with offices across the South - I wonder whether given that they're trying not to go 'full attack' with each other, he might do better speaking to a smaller (perhaps local?) firm on a slightly less formal basis?
Funk said:
Appreciate the comments etc, have sent him the link to wikivorce - not had an in-depth look but from what I read I think it could be extremely helpful to him.
The solicitor firm he's met with are a well-rated corporate operation with offices across the South - I wonder whether given that they're trying not to go 'full attack' with each other, he might do better speaking to a smaller (perhaps local?) firm on a slightly less formal basis?
I'm not convinced there's any magic formula in this. More formal, less formal is not a helpful concept I feel. The solicitor firm he's met with are a well-rated corporate operation with offices across the South - I wonder whether given that they're trying not to go 'full attack' with each other, he might do better speaking to a smaller (perhaps local?) firm on a slightly less formal basis?
Dining go to the (a) solicitor and say what you want
Then debate it and come to an agreement on how to proceed or not.
If you want a "review the draft deal" service, ask for that!
Bear in mind it is essential they get a consent order.
Two parties cannot finally settle their financial affairs. Only a judge can do that.
The real world issue is that they divorce. They self settle. Then in 5 years time one of other looses their job and is homeless. They they go for the other for support and legally they can do so if there is not a consent order.
There are also high profile cases where a guy created a successful green energy company and years later the ex wife came for a slice.
The lawyer will want money on account but if you instruct them on the basis of write to no one just advise me as and when I ask you then they will refund the balance if by some miracle the bill is less than £2500.
I have been divorced and helped others. My prime advise is to get a statement of position you can both agree to.
When we met
When we married
The assets and liabilities we have
The income and expenditure we have and who paid for what
Inheritances and what happened to the money
Etc
This is all factual. The parties should be able to agree this. This then makes the layers much cheaper as they start from a position of agreed fact not trying to slowly eke it out from either side.
If there are things than cannot be agreed then that is fine. Just list them. At least there is a single document that sets out what we agree on and what we do not.
Two parties cannot finally settle their financial affairs. Only a judge can do that.
The real world issue is that they divorce. They self settle. Then in 5 years time one of other looses their job and is homeless. They they go for the other for support and legally they can do so if there is not a consent order.
There are also high profile cases where a guy created a successful green energy company and years later the ex wife came for a slice.
The lawyer will want money on account but if you instruct them on the basis of write to no one just advise me as and when I ask you then they will refund the balance if by some miracle the bill is less than £2500.
I have been divorced and helped others. My prime advise is to get a statement of position you can both agree to.
When we met
When we married
The assets and liabilities we have
The income and expenditure we have and who paid for what
Inheritances and what happened to the money
Etc
This is all factual. The parties should be able to agree this. This then makes the layers much cheaper as they start from a position of agreed fact not trying to slowly eke it out from either side.
If there are things than cannot be agreed then that is fine. Just list them. At least there is a single document that sets out what we agree on and what we do not.
if things are amicable they dont need a brief.
me and the ex divorced in 3 months. no briefs. done online and a judge in Birmingham signed it off. clean break order the lot. cost me £400 I think.
how much actual cash is at stake? you say 'not much' but that varies. if they both spend 2.5k+ each thats over £5k minimum and as people have said the brief will rinse you. and thats a fact. so it cld end up been £5k each easy. so you've wasted £10k of the money. if its 'only £50k' you're splitting thats some chunk.
you haven't said if kids are involved. if they are, and young, all bets are off. it will be a 'mare
me and the ex divorced in 3 months. no briefs. done online and a judge in Birmingham signed it off. clean break order the lot. cost me £400 I think.
how much actual cash is at stake? you say 'not much' but that varies. if they both spend 2.5k+ each thats over £5k minimum and as people have said the brief will rinse you. and thats a fact. so it cld end up been £5k each easy. so you've wasted £10k of the money. if its 'only £50k' you're splitting thats some chunk.
you haven't said if kids are involved. if they are, and young, all bets are off. it will be a 'mare
If she is initiating the divorce then her solicitor will be drawing up the paper work (are they agreeing to split the cost of this?) If it’s amicable, there shouldn’t be any surprises in that paperwork and he can ask a family law solicitor to review it and make sure he’s not leaving any avenue open and that it’s a clean break. Will be a few hundred quid well spent!
Chris
Chris
ScoobyChris said:
If she is initiating the divorce then her solicitor will be drawing up the paper work (are they agreeing to split the cost of this?) If it s amicable, there shouldn t be any surprises in that paperwork and he can ask a family law solicitor to review it and make sure he s not leaving any avenue open and that it s a clean break. Will be a few hundred quid well spent!
Chris
Exactly how my ex and I went through the process. Chris
kingswood said:
if things are amicable they dont need a brief.
me and the ex divorced in 3 months. no briefs. done online and a judge in Birmingham signed it off. clean break order the lot. cost me £400 I think.
how much actual cash is at stake? you say 'not much' but that varies. if they both spend 2.5k+ each thats over £5k minimum and as people have said the brief will rinse you. and thats a fact. so it cld end up been £5k each easy. so you've wasted £10k of the money. if its 'only £50k' you're splitting thats some chunk.
you haven't said if kids are involved. if they are, and young, all bets are off. it will be a 'mare
Totally agree. The challenge is keeping things amicable when lawyers and friends ( oh yes take him to the cleaners. Oh my best friend got the house etc etc) get involved who have no idea of the exact circumstances. me and the ex divorced in 3 months. no briefs. done online and a judge in Birmingham signed it off. clean break order the lot. cost me £400 I think.
how much actual cash is at stake? you say 'not much' but that varies. if they both spend 2.5k+ each thats over £5k minimum and as people have said the brief will rinse you. and thats a fact. so it cld end up been £5k each easy. so you've wasted £10k of the money. if its 'only £50k' you're splitting thats some chunk.
you haven't said if kids are involved. if they are, and young, all bets are off. it will be a 'mare
It is the clean break order (or any other consent order ) that is critical
dundarach said:
It's very, very simple and will go one of two ways either:
1. He will get professional help and obtain a clean break and move on with his life
2. He won't and at the last minute she'll be back demanding more and more cash.
It will be either 1 or 2 without exception.
Nonsense.1. He will get professional help and obtain a clean break and move on with his life
2. He won't and at the last minute she'll be back demanding more and more cash.
It will be either 1 or 2 without exception.
Without exception......you mean to say there hasn't been a single case where someone has agreed a settlement without legal advice because the divorce was amicable and that's been the end of it?
Well I know of one for a start.
If it’s amicable and they don’t want to give money to lawyers then this is a good route.
My wife and I split in 2018. Didn’t want to waste money on lawyers but wanted a clean break clause which is essential.
We used https://www.managed-divorce.co.uk/?gad_source=1&am...
It cost in total £500 and was agreed by the judge how we had split it.
Job done. If it really is amicable don’t get lawyers involved. It complicates things.
My wife and I split in 2018. Didn’t want to waste money on lawyers but wanted a clean break clause which is essential.
We used https://www.managed-divorce.co.uk/?gad_source=1&am...
It cost in total £500 and was agreed by the judge how we had split it.
Job done. If it really is amicable don’t get lawyers involved. It complicates things.
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