Starting a Divorce, Costs, Finding a solicitor

Costs

There are a few different types of costs:

1. Court fees (to be paid even if you do a DIY divorce)
2. Legal fees (solicitors and fees if things become more complex)
3. Lifestyle costs during the divorce
4. Ongoing costs (e.g. child maintenance)

The general rule is each person getting divorced will pay their own legal costs.

The person applying for the divorce (the petitioner) will be responsible for the costs for preparing the divorce petition which includes applying for the decree Nisi and to obtaining the decree Absolute which dissolves the marriage.

The cost of a divorce in the UK will very much depend on whether you decide to process the divorce yourself, or if a solicitor is used and whether it is uncontested or not (for example -one party disagrees over financial settlements, property, or custody of children  etc which will make it more expensive).   I believe a reputable family lawyer could charge anything between £250-£350 per hour plus VAT!. In addition, if the services of a Barrister is required, the costs will increase.   That is why the keyword is COMPROMISE.

Chargeable events increase as the matter becomes more complex.  The costs could include:  

• The court’s fees
• Valuer’s fees for your home, and any other properties which may need to be valued
• Bank fees for providing copies of statements
• HMRC fees for providing copies of tax documents
• Independent financial adviser fees
• Barrister fees if you need to be represented during your hearing
• Other costs may apply – such as actuary fees and pension fund manager fees:
• Cost of Injunctions, applications to prevent a party moving assets out of the jurisdiction, or emergency hearings
• Applications for interim maintenance i.e maintenance whilst the case is going on until it is finally dealt with
• Incorrect information that needs correcting  will add to your costs

If your divorcing partner is the one looking after the family finances and refusing to agree to the divorce and refusing to share the finances for you to file a divorce , it can leave you in a very difficult and stressful state. 

However if they are finance savvy, i.e. invested family monies to save on tax in your and their name, then ideally you want to put a freezing order to that investment so that you are able to pay for the divorce.   It is worth remembering that you will need money for the divorce process  and need the money after the divorce too, especially if you have to pay for the house to keep the house or to buy another property.  There will also be living costs to pay for.

Some law firms will let clients pay their legal fees when their divorce or dissolution is final and they have reached a financial settlement. (Sears Tooth Agreement)

Some law firms offer to apply for a loan that is designed to pay for the cost of divorce or dissolution but these could be cheaper than taking out a Personal Loan.  .  Check

• if there are any set-up fees
• how much interest you will pay
• whether the lender requires any security to be given
• whether you can pay off the loan early without having to pay an early repayment charge.

Some Home Insurance policy might cover for legal expenses, so it is worth checking your Home Insurance policy

If you are a member of a trade union, check if they provide support for legal fees.

Court Fees

If you are on a low income or in receipt of state benefits including Job seekers Allowance, Income Support, Income-related Employment and Support Allowance and Universal credit, you can apply to the court for help with these fees by completing an EX160 form “Apply for help with fees”.

Otherwise, the general rule is each person getting divorced will pay their own legal costs.  The person applying for the divorce (the petitioner) will be responsible for the costs from preparing the divorce petition which will included applying for the decree Nisi and to obtaining the decree Absolute which dissolves the marriage.  

If a divorce is uncontested, so you both agree to it, then fees are far lower than if a financial settlement is thrown into the mix, or if things get more complicated and it’s taken to court.

Legal Fees and Help with legal fees when you separate. 

You might be able to get help with legal costs depending on your income and whether you have any savings and investments and how serious your case is.  Consideration would be given if you are on a

• low income or in receipt of state benefits including Job seekers Allowance,
• Income Support,
• Income-related Employment and Support Allowance and
• Universal credit,

Or if there has been :

• domestic abuse (including financial abuse)
• Violence or
• child abduction

you can apply to the court for help with these fees by completing an EX160 form “Apply for help with fees”.

Help with court fees

Form EX160: Apply for help with court and tribunal fees

 

A do-it-yourself divorce

Mediation: 

For some parties mediation may be an option to consider for settling your divorce but this is difficult to achieve if your divorcing partner is acting difficult or acrimonious.

Arbitration

Arbitration is another way of resolving disputes without going to court. It applies the law in the same way as the Family Court but it can help you and your ex-partner resolve any disputes more quickly and affordably.

Both you and your ex-partner enter into an agreement with a suitably qualified person (an arbitrator). You are both legally bound by the arbitrator’s decision.

Arbitration can be used to resolve disputes about:

• property and finance
• child maintenance
• living and contact arrangements for children
• other arrangements for children, such as schooling

You can discuss this option with your solicitor, who will need to refer you to an arbitrator.

You and your ex-partner are entitled to independent legal advice throughout the process. Your solicitor can go with you to arbitration meetings if your ex-partner agrees.

Using a solicitor

You might be able to get divorced without needing a solicitor or going to court if you and your ex-partner can agree you both want a divorce, and on the reason why, and if your finances are not complex. However, if you do use a solicitor these are helpful things to be aware of. During this trying time, it is easy to confuse your feelings with the facts.

1. Put aside emotion: When dealing with the legal aspects of the divorce, try to be as dispassionate and business-like as possible (this will not be easy, but your future will depend on wellness of your mental health and the clear decisions you make).
2. Your solicitor is not your friend: View your solicitor as a paid professional rather than a friend or confidante. When your grief is overwhelming, go home or to a friend’s house, not to your solicitor, who is billing you at his hourly rate.
3. A nasty divorce benefits only the solicitors: Declaring a war on your divorcing partner  “divorce of atrrition” – i.e. one party having the financial means to pursue the dispute, regardless of the merits of that party’s position, will use up your own energy and resources, allowing your solicitor to reap the benefits of more meetings and work on your case. Try to bring the divorce to a successful conclusion with as little bitterness, hatred, and resentment as possible and ignore as much as possible the acrimony from your divorcing partner (ignoring this will annoy him which is fine!). But this also does not mean you bend over and deny yourself your own rights. Make division decisions based on your own long-term best interest, not out of revenge.  Also bear in mind that some solicitors, whether through their own inability or inexperience or because they are put under pressure by customers, allow cases to be prolonged unnecessarily.

Things to consider when meeting with the solicitor

1. What is the solicitor’s response rate?
Is the solicitor quick to respond? Does he/she respond just to respond, or does he/she take the time to answer your questions and give candid advice? Will a paralegal or other member of the legal staff be contacting you? Who will be your primary contact if you retain the firm? The amount of time it takes to respond and the quality of responses is important to feeling heard, understood, and supported both as a person and client.
2. Is the solicitor familiar with the area?
Legislation for divorce in each county differs, so it is crucial to employ a solicitor who understands local rules and customs. The divorce solicitor should also be familiar with judges and barristers in the area.
3. What is your ultimate goal?
Tell the solicitor your ideal outcome and ask if it is attainable. He/she should be able to tell you a path to achieving your goal and whether or not it is attainable. Keep in mind while an solicitor is knowledgeable regarding the law, he/she cannot guarantee any outcome!
4. Is the paperwork clear?
Ensure a contract is in writing and is explicit for what services you will be paying, should you settle on a solicitor . The solicitor’s fees are hourly rate, hourly rate for legal staff (if any), details regarding reimbursements for the firm, and the name of the solicitor who is in charge of your case should all be listed on a contract prior to signing. You should never feel pressured to “sign on the dotted line” before you have educated yourself and have enough information to make an informed decision. Confirm that you see every letter that goes out to your divorcing partner. Check every invoice to see any errors & emissions (this may mean that you must keep record of every time in hours and minutes you spend with your solicitor and time spent at the courts because everything is chargeable).
5. Accompanying to the court
If the case goes to court, would it be necessary for the solicitor to attend or will the barrister suffice.? Remember, if the solicitor and/or his assistant accompany you, you will have to pay for the solicitor, the assistant (a lower fee) and the barrister, if appointed.
6. Costs recoverable
Check with the solicitor/Barrister whether if they agree that the costs can be added in the Costs Order. For example, if you have a lower income and if your divorcing partner were the main breadwinner for the family. If your divorcing partner agrees, then it’s likely that a Costs Order will be made at the Decree Nisi stage.

Ideally, you must connect with your solicitor on a personal level; They will serve as your advisor and confidant. While finding a divorce solicitor to guide you through a life-changing event may seem daunting, keeping the above five topics on your mind will help you evaluate the best fit for your situation.

Divorce is a turning point in life and should be taken very seriously; having the right divorce solicitor by your side can help support your family in a personal and legal sense, and is crucial to beginning the next chapter of your life.

It is often said by clients that problems with solicitor is lack of prompt replies, and a lack of substantive, proactive communication.
It would be helpful if you are also advised what judge has been assigned to the case and their track record on similar issues, case law, statute, and legal trends.

Bear in mind that in complicated cases, in order to achieve your goals much will be depended on the available financial resources for legal fees and costs, such as expert witnesses, forensic accountants and other professionals and that should be discussed with the solicitor . Clear communication between yourself and your solicitor is very important.

Finding a solicitor: 

Look for someone who is a member of Family Law, or Family Law Advanced or Children Law accreditation schemes. These are quality marks showing that your solicitor will meet the high standards set for family-related legal services.

Examples of questions you could ask:

1. What percentage of their business is in family law?

2. How long have they been practicing as a family law solicitor?

3. Does their practice include alternatives such as collaborative law, or alternate dispute resolution?

4. Do they have an introductory complementary consultation? If so, how much time is allotted?

5. How much will it cost?  What is their hourly rate, and in what time increments do they bill?

6. How long will the process take – bear in mind that it may depend on how acrimonious will your divorcing partner be.

7.  Do they provide itemised invoices showing costs incurred and retainer balance?

8.  What is the minimum retainer and is it refundable if not used? How is replenishing that retainer handled during the course of your case?

9.  How often will they update you.

10. Are they a solo practitioner or do they have other solicitors at the firm?

11. Will he/she personally handle your divorce negotiations?

12. Is there any way to make your divorcing partner to pay for the divorce as they look after the family finances?

13.  What other costs should I be aware of?

When you meet with your solicitor you should take your marriage certificate, and passport or driving licence for ID.  You should also take a bank statement or utility bill that’s less than 3 months old and shows your address.

There is some more information on the FAQs page.

The law puts the welfare of children before anything else.

Some of the areas where your solicitor could give advice:

• where the children live
• how they’ll be provided for
• how much contact they have with you and your ex-partner
• how decisions will be taken in future about things such as holidays and schools

Familiarise yourself with “Divorce terminology” here