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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Choosing legal advice.

  • Fifi100
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23 Apr 12 #325872 by Fifi100
Topic started by Fifi100
Morning -I know that there is a forum for legal advice but this question is quite generic and I wanted as much feedback as possible please.....

I need to instruct a solicitor and in selecting one I need help in deciding do choose one local to me or travel a bit to a large city to get a better service? Would there be a better service?

I''ve been recommended a solicitor in my town who appears to have all the right attributes but I''m scared that some big shot from the city could blow me out of the water.

or is the law the law?

Thanks F

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23 Apr 12 #325875 by cookie2
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The law is the law. Having a solicitor that you like and is efficient is better than having one who is a "hot shot". If a court fight is needed then you can always instruct a bulldog barrister. Having a bulldog solicitor who fights over every penny is not always a good thing, since your costs will be very high.

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23 Apr 12 #326074 by Fifi100
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Thanks Cookie2.

I''m keen to keep costs down and try to maintain some sort of relationship as we have many mutual friends and I am close to his family.

I can''t wait until all of this is over!

  • stukadivebomber
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24 Apr 12 #326132 by stukadivebomber
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I booked "free half-hours" with four companies that claimed to be family law-friendly.

The one that I felt comfiest with got paid for a couple of hours work (in tandem with the wiki package).

Not very scientific!

  • pixy
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24 Apr 12 #326154 by pixy
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I rang several. I crossed off my list of possibles the one who wanted to fight hardest as being too confrontational and in search of mega fees. I crossed off a larger firm whose receptionist wouldn''t let me speak to anyone else but couldn''t tell me who in the practice I would get and claimed to know nothing about their qualifications/experience or even length of time in practice. I got a free half hour with a nice lady who seemed efficient and knowledgeable and paid for a half hour with a nice lady who seemed competent but wishy washy. I decided to use none of them but to use their advice and to settle amicably and go with the wiki service.

I have got the bones of an agreement; I think I''ve probably offered stbx a slightly better deal than a court would give him but the cost of that is easily offset by the potential cost of a fight.

So I''d say shop around.

  • .Charles
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24 Apr 12 #326249 by .Charles
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Good solicitors should be receptive to new enquiries as future clients are as important as existing clients.

Telephoning and asking to speak to a solicitor can help sort the wheat from the chaff as solicitors should ''vet'' new enquiries - a solicitor should advise if s/he believes that you are eligible for legal aid for instance - there is no point in making an appointment if they do not carry out legal aid.

Once you have a solicitor on the telephone, you can throw a few questions at them and see if they respond confidently or not - their experience (or lack of) should be evident.

And don''t be afraid to ask about charges. Legal fees are high and you need to have some indication of the *minimum* fees you are likely to have to pay - be under no illusion that the fees will not hurt, it is an expensive hammer to crack a difficult nut.

Charles

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