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self repping - getting started

  • unic
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06 Feb 08 #13033 by unic
Topic started by unic
OK. I am seriously considering taking the plunge.
In a nutshell, I had first hearing a few weeks ago. Outstanding matter is whether FMH should be sold and when - also disputed valuation.
FDR due early April.
To start self repping I guess I need to speak to solicitor and ask for all papers etc. Also need to inform court and xtbs solicitor. Am I right?

  • Josh2008
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06 Feb 08 #13039 by Josh2008
Reply from Josh2008
It looks to me that you have gone a long way with solicitors that it may be futile now attempting to self represent.

The issues do not seem insurmountable; valuation can be looked at again with a second or even third opinion as to near value.

If the only issue then is timing of sale and you are both agreed on that, then I personally would recommend continuing with your solicitor.

Unless there are further issue you have yet to resolve and or you want to continue by self rep, then what you have stated is about all you need to do for now.

  • unic
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07 Feb 08 #13099 by unic
Reply from unic
the issue is one simply of affordability, it seems to me that FDR and final hearing will cost in excess of £3k. Cant afford it!!

  • Vail
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07 Feb 08 #13109 by Vail
Reply from Vail

Before you start self-repping you ought to ask your solicitor for some guidelines on how he/she sees the case progressing and a brief outline of the procedure. Th elatter is available on the web and in various divorce books but is not clearly explained.

You are right in that you need to write to the court with a 'Notice of acting in person' copied to the other party's solicitor and your solicttor also needs to write to the court to inform them that they are no longer representing you.

£3000 for the FDR is low, there can't be counsel's costs included in that!

You need to make sure not only that you comply with the terms of any court directions or court orders but also actively try to resolve the outstanding matters.

I suggest you the option of selling the FMH is kept open, one can always not go through with it, but in my view the decision should be taken as part of the overall package of financial settlement and not as a stand-alone item.

If the value of the FMh cannot be agreed (by referring to similar properties in the area), suggest the possibility of a single joint valuation by an independent RICS qualified valuer who will be prepared to defend his/her valuation in court. Costs vary from £500-£750 ex VAT for th evaluation and of course extra should they need to attend court.

Comply with the date for submittal of your bundle to the court and on the day of the FDR bring 3 copies anyway; 1 for you, 1 for the other party and 1 for the court.

Good luck!

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