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Never be worried about requesting information about fees.
It is very important that this is one of the first things
that you do. Most dissatisfaction with solicitors comes from
unexpectedly high legal fees. Having the right legal advisor
is extremely important as the outcome of your divorce can
have far reaching implications for your future financial security
and the welfare of your children. You must feel comfortable
with them and not feel embarrassed about confiding in them
and that your concerns are being heard.
There will be times when your solicitor has to give you unpalatable
advice because of the way the law is structured in this country.
Whilst you may not like the advice your solicitor must be
able to explain the reasons behind it. You should not at any
time be in the situation where you do not understand what
is going on or what each stage is going to cost you. As far
as possible you should be given choices particularly in relation
to the structure of financial settlements but ultimately the
decision rests with you. As can be seen below, the procedure
for resolving financial issues through the Court is a good
deal more streamlined than it used to be but it is still expensive
and time consuming. Therefore the more that can be agreed
between you and your spouse, the better it will be, particularly
for any children. It is always a good idea however, to get
advice on what you are entitled to you before discussions
take place and then be prepared to compromise!
As a rough guide the costs of a solicitor for a divorce should
be in the region of £600 + vat + Court fees (many solicitors
charge more than this so be aware). If there is a dispute
about children and/or financial issues costs will be considerably
more. Most solicitors work on a system of hourly rates so
get an estimate of the maximum each stage will cost. Put a
restriction on the solicitor so that a given figure is not
exceeded without your consent.
If you are on a low income you may be entitled to public
funding. Your local Citizen's Advice Bureau can often assess
eligibility. Otherwise, solicitors who carry out work on this
basis can be found in Yellow Pages.
However, most cases settle and sometimes a firm line in terms
of involving the Courts is necessary to achieve the desired
outcome. When cases settle, the costs will be considerably
less than as set out. If a matter gets to a final hearing,
usually one or both of the parties are being unreasonable
and this is something your solicitor will advise you about.
For this reason it is important to instruct a conciliatory
solicitor. Although initially you may be angry and feel you
want to have a solicitor with a reputation for being aggressive,
this often only adds to bitterness.
The following pages provide
an overview of the key aspects of the divorce process in England
and Wales. Although it is possible to conduct your own divorce
(see DiY divorce pages) when
there are complications in respect of finances or orders related
to children, it is recommended that legal advice be taken.
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