What happens if there is no Financial Order?
There is no binding agreement without a financial order and that makes it possible for one or other party to look to the court for a financial order many years later.
Without this binding agreement, neither party will have any financial certainty with regard to the potential claims the other may make against them.
When interviewing a divorce solicitor, don’t be nervous, or worry that you’re insulting them by asking questions.
A good attorney will value an informed and pro-active client.
Also, solicitors are in business, and you are a potential customer who may ultimately pay thousands of pounds for their services.
You want to act responsibly by being selective so that you feel comfortable and confident in your choice.
You should obtain some information on the solicitor you are thinking of hiring even before you meet with them. This will allow you to familiarise yourself with their practice. Visit the solicitor’s website and call their office to ask a few basic questions.
Choosing a right divorce solicitor will directly impact not only the financial but also on the emotional outcome of the divorce process.
For those on low income, I believe the state provides legal aid but it is means tested. The legal aid calculator is available: on the government website.. Check How to get Legal aid exceptional case funding (ECF) in family law
In my opinion, most solicitors prefer an acrimonious divorce – this causes delays and lots of communication – every letter that goes out from the solicitor’s office is chargeable.
Also, most solicitors take a percentage of deposit on signing the contract. I felt that once the solicitor knows how much is in the pot, they will have already decided in their mind how much should they claim from that pot and that might reflect into the work that is put into the case by the solicitor!. For example if the pot is £1,000,000 and the solicitor wants 1% of the pot then every effort will be made to get to that 1%, so it may mean that they may want to meet with you more often or shoot off lots of letters or try tactics to prolong the case, etc.
A few years back I was charged £30-£40 per each letter that went out and if I remember correctly every face to face meeting was charged at upto £150 – £200 per hour plus VAT.. Sometimes, they may say that the case would take 6 months but if one party is not willing to make a settlement, the divorce process can go on for a very long time and that effectively means a very costly divorce.