Could anyone offer clarification situation regarding legal fees and whether they are counted as debit in the matrimonial pot?
My ex, despite petitioning me, is now not co-operating with the process. She is in the FMH, I am renting a room in a house. I need settlement to rehouse (hopefully). I have asked what her intentions are, i get the stock response, i have nothing to give you. She earns marginally more than me, and has moved her new partner into the FMH. We have two children, 8 & 6. I am going to have to make an application to the courts. I intend to self rep, as I did when we went to court over contact with the children, I do have legal representation, the firm is amazing, they are happy for me to use them as a gun for hire if needed. She hired barrister and has eluded to the fact she will rack up the legal fees to strategically dwindle what is left in the pot.
Is she right? If she spends £10k+ on fees will this come out of the pot?
Thanks for that, So I could argue that the figures be adjusted to take into account I have been trying to keep my fees down. After all...the likely outcome in our situation is a mesher - or something similar. So, it''s a risky game she''s playing as she''ll still be saddled with the debt.
If the monies been spent it can''t be shared and is no longer in the pot. Debts also need to be deducted from what''s left. So both your legal costs reduce the end pot. My legal costs were a half what my exs were and no account was taken for it in Court.
So if I apply this to my case...the likely outcome is the pot may be so depleted the FMH is unlikely to be sold. Therefore a mesher is put in place. I retain an interest in the FMH until one of the triggers comes into play. I rebuild without any assistance...
Crucially though the debt she has accrued will be hers to shoulder...whilst I keep my costs very low.
Not necessarily. The court may determine that there is nothing to share and might not make an order in your favour at all. The court will make an order if it is deemed appropriate but only if there is value in the assets. No value, no order.