Everything ok, but will there be any suprises?

Bit of background:- wife and I have been seperated for two years, live close together and I have lots of access to my son and we get on well still (no third party involved in split)

Recieved Petition in which my wifes solicitor said that 'our client does not intend to ask the Court to order that you should pay any of the costs of the divorce on the basis that you do not defend it.'

She has agreed to buy me out of of the house we shared with a lump sum (I could probably ask for more for my share, but want to keep a good relationship going) and she has asked that we make no further claim on each others estate (she does earn a lot more than me!)

However in the letter sol has sent asking me to agree to above she has added a clause 'each party to pay his/her own leagal fees associated with resolution of matrimonial finanical issues'

1) is this at odds with her undertaking to take on all costs of divorce?

2)Would legal fees only be relevant if there was a dispute between us?

3) Or is this a reference to the Court Order that she says has to be obtained in line with the settlement. If so, what are the costs of the latter?

As I say things are ok between us (apart from the divorce!) but I need as much of the lump sum to pay off debts Ive accrued over the last few years, and I dont want to sign anything that might lead to nasty suprises!

Thanks for any help/advice

donchuffo wrote:

She has agreed to buy me out of of the house we shared with a lump sum (I could probably ask for more for my share, but want to keep a good relationship going)

... but I need as much of the lump sum to pay off debts Ive accrued over the last few years, and I dont want to sign anything that might lead to nasty suprises!

Great that you've managed to keep it all friendly. This isn't a legal opinion, but the wording you've received is pretty standard - the law does expect each party to pay their own costs of divorce, and yes, you do need an order for the divorce and the financial settlement (ancillary relief.)

BUT what I'm getting from your post is that you are so keen to keep it all hunky dory and friendly, that you may have failed to get a legal opinion as to your rights. I could be wrong, but if I'm not, then an hour of 1-1 legal advice to make sure you are getting a fair settlement is ein your best interests.

It's this statement which worries me: ".. but I need as much of the lump sum to pay off debts Ive accrued over the last few years, and I don't want to sign anything that might lead to nasty surprises! " Are they family debts and if so, has it been agreed that they come out of the joint family pot and not just your share?

Just a hunch..take it as you will, I don't look to make waves, but higher income earners staying in the family home who can afford to employ lawyers have an advantage and I'd hate to see you losing out financially.

Hope this helps