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

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
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.


Do legal fees come out of the matrimonial pot?

  • freeagain2011
  • freeagain2011's Avatar Posted by
  • Premium Member
  • Premium Member
More
23 Jul 12 #344899 by freeagain2011
Topic started by freeagain2011
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?

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
24 Jul 12 #344990 by dukey
Reply from dukey
Its a yes and no answer, you both pay your own legal costs unless a judge orders otherwise which is far from often.

But

In effect whatever you both spend on legal fee`s reduces the pot of money you have to share, however if costs are seen to be unreasonable by one side then the numbers can be adjusted to reflect this.

  • freeagain2011
  • freeagain2011's Avatar Posted by
  • Premium Member
  • Premium Member
More
24 Jul 12 #345039 by freeagain2011
Reply from freeagain2011
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.

  • maisymoos
  • maisymoos's Avatar
  • Platinum Member
  • Platinum Member
More
24 Jul 12 #345062 by maisymoos
Reply from maisymoos
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.

  • freeagain2011
  • freeagain2011's Avatar Posted by
  • Premium Member
  • Premium Member
More
24 Jul 12 #345087 by freeagain2011
Reply from freeagain2011
Thanks, all understood now.

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.

  • .Charles
  • .Charles's Avatar
  • Platinum Member
  • Platinum Member
More
24 Jul 12 #345114 by .Charles
Reply from .Charles
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.

Charles

  • freeagain2011
  • freeagain2011's Avatar Posted by
  • Premium Member
  • Premium Member
More
24 Jul 12 #345123 by freeagain2011
Reply from freeagain2011
I would say a mesher is in her favour not mine, but what does ''no order'' actually mean?

Ours is quite complicated, only around 60-80K in equity - realistically not enough to re-house us both. Children live with her in the FMH.

She does not have the mortgage capacity to take it on solely.

If she builds debt (on legal fees) around the 10-15K mark this comes out of the shared pot...

There is still equity, but obviously less....and again, not enough to house us both.

So, no order to to sell the house is made, he/she puts a mesher in place. The ex still has that debt (legal fees) to pay out of her pocket? Because none of the equity has been released by a sale.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11