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Fixed fee vs standard solicitors

  • DanO1986
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11 Dec 23 #522156 by DanO1986
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So I've just paid the £593 to start my divorce proceedings , and am going to start looking into a solictor for my financial order , is it worth going for a fixed fee one or better to get a charge by hour solicitor ? Also due to financial word I dont have a great deal of Money , do some solicitors allow you to pay with the equity I'd be getting from my house sale etc ? Thanks

  • .Charles
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11 Dec 23 #522157 by .Charles
Reply from .Charles
Fixed fees are better as you can budget effectively. However, you need to know what is included in the fixed fee as there will be work which is not included.

Some solicitors will allow you to pay at the end but it's a terrible business model as it does nothing for cashflow. Also, if the financial settlement is structured in a way that you don't get a cash settlement there is no pot of money from which to pay the solicitor. That's a problem.

Where a fixed fee is payable it is most likely required upfront.

Charles

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11 Dec 23 #522159 by DanO1986
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Thanks for speedy reply, I guess my other concern is with my divorce we I am looking to sell the MFH as I cannot afford to rent or buy as I’m still paying for half the mortgage and CMS fees, would a pay by hour solicitor be better as there are children involved and could be a bit more complicated

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11 Dec 23 #522160 by .Charles
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If money is tight there are options. Firstly, you could go to a solicitor for advice on what to expect. This could be in relation to the financial settlement and the arrangements for the children.

I work in the legal trade and the fees incurred in relation to child arrangements can be hefty and there is very little finality with court proceedings as circumstances change and arrangements also change as a result.

If you know what to expect then you will know if you are being reasonable or not (or your ex for that matter). For example, a lot of people demand that they have the child/ren for 50% of the time - no more, no less. This is not particularly possible or flexible yet people still try to enforce it.

So, in answer to your question I would gather together as much information as possible for advice on what the appropriate financial settlement is likely to be and also explain the current position with the children as to what is a likely and workable arrangement. Explain to any solicitor that you would like to explore your options and you would ideally like to do that for a fixed fee e.g. a two hour meeting for £500.

Charles

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11 Dec 23 #522162 by DanO1986
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Hi Charles thanks for you help. We currently have arrangements for the children which is I see them twice a week, but can’t have them stay over as I haven’t got adequate space as I’m current in the spare room at my parents , so hopefully an arrangement can happen where I can sell the home rent my own place and the ex gets enough equity to rent for a long period of time while she finds a better paid job etc

  • hadenoughnow
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12 Dec 23 #522164 by hadenoughnow
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You could get low cost fixed fee legal advice via this site and consider our Consent Order drafting and submission service. If you need help to navigate the settlement process we are able to provide that too.

Hadenoughnow

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12 Dec 23 #522166 by DanO1986
Reply from DanO1986
Me and the ex are not speaking which makes this more difficult she doesn’t want to sell the house until my children are out of education , so in 7 years minimum, I physically can’t afford to pay csa mortage my debt plan, and rent somewhere currently , and regards to pension I’m sure she will make a claim on mine as it’s a good railway pension , is it still worth doing a fixed fee consent order ?

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