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divorce costs

  • shelby03
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28 Feb 16 #474837 by shelby03
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Following my divorce of June 2015, The judge awarded me full costs on the basis of my ex husbands unreasonable behaviour.
I was initially represented but then had to represent myself as I was unable to fund further solicitors costs.
The bill from my solicitor is apprx 1700 including initial court fees and legal work.
Following dispute of the costs and me producing a detailed invoice to me ex husbands solicitor they have now offered just 750 and refused to pay anymore.
I have researched on the internet and believe I must approach the courts for determination of the costs..... Is anyone able to help or assist on the procedure as I am unable to find the right way to go about it..... Any help or assistance would be greatly appreciated.... THANK-YOU X

  • .Charles
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29 Feb 16 #474873 by .Charles
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The procedure is a little convoluted. I would be surprised if the costs for your solicitor to deal with the divorce alone would be as much as £1700 - did your solicitor advise on other issues at the same time?

If you used your solicitor to issue the Petition and you did the rest yourself, £750 isn''t a bad offer. If your solicitor dealt with the divorce up to and including Decree Absolute I would expect costs of £1100-£1300 depending upon the hourly rate.

Charles

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29 Feb 16 #474877 by itsbeenalongtime
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Sorry to reply on someone elses post but I also got costs awarded. My solicitor said the rough costs would be between £2000 and £3000. It has already cost £1600 and I have only just got the Nisi. How do you work out which are the costs for the divorce.

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29 Feb 16 #474878 by .Charles
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It is often the case that the solicitor will work no the divorce and the finances simultaneously. What you need to do is separate the two issues and only detail costs of the divorce. The matter becomes more complex if there are other issues such as children.

Generally speaking the work for an undefended divorce are detailed below although the work increases if personal service of the Petition is required or there are disputes over payment of costs or whether valid service occurred.

note: 1 unit = 6 minutes.

UNITS WORK
7 Taking initial instructions
3 Letter of advice to client
1 Letter out to other side re: instructions to act and further action
6 Prepare petition
2 Prepare certificate of reconciliation and notice of acting
2 Letter to client enclosing draft petition and advising
1 Letter to other side enclosing draft petition
1 Letter to court enclosing petition
1 Consider notice of issue
1 Consider acknowledgement of service
1 Prepare update letter to client
4 Attending client to complete application for Decree Nisi
1 Update letter to other side
1 Sending application to court
1 Consider certificate of entitlement to decree
1 Sending certificate of entitlement to client and advising
1 Letter to other side re: quantum of costs
1 Consider Decree Nisi/cost orders
1 Sending DN to client and advising
1 Prepare application for Decree Absolute
1 Consider Decree Absolute
1 Sending DA to client and advising
40 units – 4 hours

Multiply the number of hours by the solicitor''s hourly rate, add VAT, the court fee and any other disbursements and you are pretty much there.

Some solicitors take less time, some take more.

Charles

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29 Feb 16 #474879 by itsbeenalongtime
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Thank you Charles for your prompt reply. On my first visit to my sols it was explained that the costs for the divorce would be between £2/3000, if there where no complications. Will that quote have automatically included finances?

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29 Feb 16 #474882 by .Charles
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It depends what was said to you. Any costs estimates should be confirmed in writing so have a look at the letters that you have received from your solicitor.

Misunderstanding often occurs as the term ''divorce'' is used by people as an umbrella term to encompass the divorce, the finances, the children etc. However, I use the term to mean the process of ending the marriage only. The financial remedy application I refer to as ''finances'' and Children Act proceedings a ''Children''.

Your figure of £2/3000 is too high just for the divorce unless you instruct a Central London lawyer and is probably a wishy-washy estimate based upon reaching an agreement on divorce and finances without going to court.

Charles

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29 Feb 16 #474896 by itsbeenalongtime
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Thanks again Charles. I will check my letter but was definitely told it would be between 2/3k and that I would need to seek separate advice on finances other than going over forms. As I have said I have already paid £1600 and only just received the Nisi. We have`nt done any finances yet. I live in a remote village in the west country and employ a solicitor from the nearest town.
I dont know if this is helping you shelby03 and sorry I have stolen your post.

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