A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Advise needed on solicitors

  • sipoflife
  • sipoflife's Avatar Posted by
  • Junior Member
  • Junior Member
More
19 Mar 12 #319029 by sipoflife
Topic started by sipoflife
Have a basic question about choosing a solicitor for divorce.

My wife has sent me a divorce petition with 3 page statement full of pack of lies. She is shown in the statement that I dont care about our child. She has not let me meet the child and when I tried to meet my child, she has reported I tried to harrass her(my wife) to police. She is shown me a villain in the statement. Also she has an eye on our matrimonial home which has an equity of £130,000. So she has sent me invite for first appointment in the county court. She is a difficult lady to deal with and has been in the past.

1. I would like an advice about choosing my solicitor for this case doesn''t look would be simple to handle and manage. I have seen two solicitors , one from a good law firm charging £180+vat per hour and another one £100 per hour (no VAT as she is not VAT registered). I know it might be a silly question, but I am confused to select my solicitor as it''s going to be a tough mental battle with my ex-lady''s brain games.

Could some one please advice.

2. Also approximately how many hours of work is required for financial matters including preparation for First Appointment with FMH and both partners working .

3. Would I need a barrister for the first appointment ?

  • .Charles
  • .Charles's Avatar
  • Platinum Member
  • Platinum Member
More
20 Mar 12 #319089 by .Charles
Reply from .Charles
1. You need to know that your solicitor can deal with your case effectively. A solicitor who is not VAT registered will have a smaller case load but may have fewer resources with which to deal with your case. You need a decisive solicitor - which one was more likely to give you a straight answer? If you asked a question did you get one answer, several options or several options with a recommendation of which option to choose? The last of these shows confidence and experience.

2. It depends how difficult your case is. A lot of time can be spent in dealing with matters before issue of proceedings but you do not have this expense therefore the work is limited to preparation of form E, questionnaire and supporting documents. 20 hours maybe?

3. No, unless your case is complex, a barrister is not required for the FDA.

Charles

  • sipoflife
  • sipoflife's Avatar Posted by
  • Junior Member
  • Junior Member
More
20 Mar 12 #319096 by sipoflife
Reply from sipoflife
Thanks for the reply.

Actually with point 2, I wanted to ask gown many hours of the solicitor would be required till the first hearing.

  • Marshy_
  • Marshy_'s Avatar
  • Platinum Member
  • Platinum Member
More
20 Mar 12 #319102 by Marshy_
Reply from Marshy_
Hi Sipo.

sipoflife wrote:


Actually with point 2, I wanted to ask gown many hours of the solicitor would be required till the first hearing.


No one could answer that with any certainty. It all depends on what happens. How many letters they have to write and how difficult the other party is. What you could do of course is self rep. This will keep your costs down to a bare minimum and no one will know yr case like you do. But this depends what sort of person you are. Are you cool and calm under pressure? And would you go into a court room with an adversarial solicitor / barrister? Some can do this no problem and some cant.

The problem with "difficult" people like your ex, is that being "difficult" means much higher cost. A letter is about £25 + and there are lots of these. And at over £100 per hour, it dont take much to get to £1000. So have a think about it. If your the kind that is cool calm and not phased easily when getting a verbal kicking and you are confident, then this may be the solution for you. Otherwise, this "difficult" person will cost you thousands. C.

  • Hamilton1
  • Hamilton1's Avatar
  • Premium Member
  • Premium Member
More
20 Mar 12 #319108 by Hamilton1
Reply from Hamilton1
Just thought I''d give you an opinion from the other side of the fence! I would say that one of the most important factors when choosing a solicitor is finding someone that you genuinely get on with, who you trust and who you have confidence in. Someone who puts your mind at ease and helps you feel that you are being guided in the correct manner.

If your stbx is indeed a difficult lady you should be looking for someone who will filter out the rubbish and not bother wasting your money on replying and writing endless letters for no reason at all but will instead concentrate on mediating through correspondence and reducing the number of issues that there are to decide upon once in the Court room. You will also want someone who wilst focused on an early settlement through correspondence will be a fierce advocate and will fight your corner when agreement really cant be reached. It''s a fine balance!!

2. Time spent is very difficult to say - after the initial appointment a good solicitor will be able to give you a broad estimate of the fees and will keep you fully updated as the case progresses.

3. No - A confident solicitor advocate will be able to undertake the first appointment themselves. Hopefully, the solicitor you choose will have narrowed the issues by this stage allowing you to move forward to an FDR.

H

  • sipoflife
  • sipoflife's Avatar Posted by
  • Junior Member
  • Junior Member
More
21 Mar 12 #319266 by sipoflife
Reply from sipoflife
Thanks. With form E disclosures, my other half has got a lot of jewellery which given to her by our family and relations. But I don''t think she would disclose all of it. Is there anything could be done. Same with her Indian accounts but I don''t have details of them. But surely she has accounts in India including few joint accounts with her mum.

  • Hamilton1
  • Hamilton1's Avatar
  • Premium Member
  • Premium Member
More
21 Mar 12 #319283 by Hamilton1
Reply from Hamilton1
Firstly I should say that the form E is a sworn document and thus there is an obligation on all parties to tell the truth. However, sadly this is not always the case. Indian Jewellery is a difficult one. The Courts are often reluctant to take it into account. However with the ever rising price of gold often Indian gold in particular can form a large part of a ''matrimonial pot''. If the Jewellery is kept in a safe in a bank you can ask for disclosure of that. If you have any idea of the jewellery that was given to her and the approximate value you can raise this as an issue in your questionnare following exchange of Form E''s. I had a case recently where the mangal sutra itself was worth in excess of £15k. In a case where there very few assets this was considered to be part of the settlement.

Again with the accounts if she does not disclose them you can raise the question after exchange of form E''s, If you are lucky she will have transferred money from an account that she has disclosed to one that she has not and thus revealing the existance of the foreign account.

During all of this - make sure you remember that you know where to draw the line. It may be that your ex never tells the truth but it will cost you more in legal fees to discover what she truly has conpared to what you hope to gain in the end.

H

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11