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Do I need a solicit...
 
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Do I need a solicitor for my financial settlement

 
(@tim24)
Active Member Registered

I am going through divorce, exchanged form e voluntarily. Ex solicitor offered to have 70% of total equity after selling house. This is too high and I will not be able to afford myself and unable to sell the house. Do you think I need a solicitor here or direct access barrister would be enough here? I am just thinking dealing financial settlement by self or only rely on direct access barrister might loss my percentage.  If you know any good person who can help me please let me know . thanks

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Topic starter Posted : 02/05/2024 10:38 am
(@dadmod3)
Honorable Member

There are some helpful guides on the advicenow.org.uk website which might help guide you through the process

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Posted : 02/05/2024 12:51 pm
(@dadmod2)
Illustrious Member

Hi,

I have spoken to people with experience and a common outcome is a 60/40 split. You could make counter offer to her solicitor. You could aim high and seek 50/50. If no deal, you can take your chances in court. You can self represent, otherwise lawyers will take a big chunk of your equity in legal fees.

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Posted : 02/05/2024 2:49 pm
(@tim24)
Active Member Registered

@bill337 Thanks for your advice, its really helpful.

This post was modified 7 months ago by tim24
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Topic starter Posted : 02/05/2024 4:08 pm
(@dadmod4)
Illustrious Member

There are specialist organisations that will deal with the paperwork and negotiations in divorces, but can't represent you in court - they will cost much less than solicitors/barristers, so it's an extra option for you - it depends on how aggressive her solicitor is, or whether you think a compromise may be reached.

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Posted : 03/05/2024 9:48 am
(@tim24)
Active Member Registered

@actd Thanks, could you please send me the name or link of that organization. I am an early stage of negotiations and I think her solicitor will not agree and case will go in court. Other question is I am eligible for disability allowance do you think claiming it will effect in financial settlement as an extra income?

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Topic starter Posted : 03/05/2024 10:05 am
(@dadmod4)
Illustrious Member

@kameeq hi, I've sent you a direct message with details.

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Posted : 03/05/2024 12:56 pm
tim24 reacted
(@dadmod2)
Illustrious Member

theres a DIY guide here

 

https://www.advicenow.org.uk/guides/how-apply-financial-order-without-lawyer

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Posted : 04/05/2024 12:27 pm
(@optimustricker)
New Member Registered

Given your situation, it seems you’re concerned about not receiving a fair settlement. Here’s what I suggest:

Initial Consultation with a Solicitor: Many solicitors offer a free or low-cost initial consultation. This can give you an idea of what to expect and how to proceed.
Consider a Direct Access Barrister for Specific Tasks: If you feel confident handling some aspects yourself, you can hire a barrister for crucial parts like court representation or complex negotiations.
Look for Legal Aid or Low-Cost Services: Depending on your financial situation, you might be eligible for legal aid or services from organizations that provide low-cost legal assistance.

 

Ultimately, having professional legal support can make a significant difference in ensuring you receive a fair financial settlement. If you can afford it, a solicitor’s comprehensive support could be invaluable in protecting your interests.

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Posted : 05/06/2024 5:08 pm
(@dadmod3)
Honorable Member

You could try mediation which will be a lot cheaper and quicker than arguing through the courts.  Find a mediator who specialises in financial settlements.  The Family Mediation Council will find one in your area.

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Posted : 07/06/2024 8:27 am
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