Unhappy wth solicitor's advice. Still have to pay?

So far, I have had one free consultation with my solicitor, and one meeting at which we discussed possible financial settlement proposals.

Following this meeting, he wrote me a 3 page letter with the 'intended purpose to assist you in your negotiations with your husband'

The letter put forth the pro's and con's of various asset splits, and how the court would be likely to view them. His letter also detailed his view on my husband's maintenance responsibilities toward me:

'I am of the view that your husband will still have a maintenance responsibility towards you beyond your child's secondary education. The disparity between your current incomes(and indeed your future earning capacities) is so great that in my view, it would be inequitable for you to receive nothing further from your husband by way of financial support…. I feel that spousal maintenance will be required to bridge the gap between your child concluding her secondary education and you being in a position to draw an income from your own pension provision'

On receipt of this letter, I began drafting a detailed proposal of how we could split our assets and what future maintenance (both child and spousal) I felt to be reasonable. I spent hours on it and planned to discuss it with my husband ahead of his solicitors appointment next week.

Imagine then my horror when I found out (quite by chance) that when I am switched over from working tax credits to universal credit, that spousal maintenance will be deducted £ for £ from my benefit entitlement!

My solicitor knew that I had put in a claim for Working Tax Credit (which I have now been awarded)!!!

Since I have found this information about Universal Credit and its impact on Spousal Maintenance, I have gone back to the drawing board, and drawn up an entirely different proposal.

So my question is, - given that my solicitor does not seem to know this very significant fact about Universal Credit, and he gave me advice which would have cost me £££'s down the line, - do you think I have grounds for refusing to pay his bill??

Many thanks

Did you tell him you were claiming Universal Credit?

It is unlikely that you will be able to claim much, if any, Universal Credit in the time between when your daughter finishes secondary education and you being able to draw your pension.

At this point benefits will stop, or go down drastically, which is what the solicitor seems to be trying to protect.

Thanks for replying.

I told my solicitor at the meeting that I had put in a claim or Working Tax Credits, and that I was waiting to hear from them.

I didn't mention anything about Universal Credit, as this is all new to me (I've never claimed WTC or anything similar before) and I am just finding things out as I go along.

Since the meeting I have found out the Universal Credit is due to be rolled out in our area from December this year.

Presuming that it does roll out as planned, it's likely that within 1-2 years (whilst my daughter is still living with me), I'll switched over to UC. Now I understand that there will be 'transitional protection' for those migrating over, but it doesn't apply to those who have to make a new claim due to a significant change in circumstance.

No-one seems to know yet what will be classed as a 'significant change', but I know that in the next 2 years I will have moved house and changed jobs. Either of these could trigger a new claim for UC, which would effectively mean that any spousal maintenance awarded to me would be wiped out.

Once my daughter goes to University, then assuming I am working 16 hours a week at minimum wage then I would be entitled to UC of just over £200 per month (according to 'Entitled to')

This is because I have MS and so fall into the category of 'limited capacity for work' - which my solicitor has known since the first consultation.

So again, if spousal maintenance was awarded to me for this stage of my life, £200 of it would be negated, by my losing my UC entitlement.

Whichever way I look at it, it would appear that if I am awarded spousal maintenance, then over the next 14 years (until I am 60) thousands of it, would be eaten up by the new changes brought in by Universal Credit.

Given that the purpose of the solicitor's 3 page letter was to 'assist in my direct negotiations with my husband', then surely he had a duty of care to mention the impact of Universal Credit upon the spousal maintenance that he recommended?

Government handouts are not intended to put your child through university, they are a safety net for those in need.
If your husband pays to support you, you won't need as much from the government.
How about go for a bigger share of capital and invest wisely for your later years?

Thanks for your reply

Since I found out how UC would affect spousal maintenance, I have drawn up a completely new proposal which does suggest a larger share of capital (by way of a pension share)

The point is though - if you think this would be wise, and I think this it would be wise, then why didn't my solicitor suggest it???

He gave advice that would have seen me thousands of pounds out of pocket, so I am loathe to pay his bill.

Im not expecting the govt to put our daughter through university. not sure why you thought that.

Once my daughter goes to University, then assuming I am working 16 hours a week at minimum wage then I would be entitled to UC of just over £200 per month (according to 'Entitled to')
^^^that made me think that!^^^
I expect your solicitor sees "benefits" as x amount. Not knowing that the new UC means Y amount.
Your solicitor is meant to fight for your best interest.
I would personally go for as much capital as you can (A bird in the hand).
Also, without spousal maintenance you will be released from your ex.
Circumstances change and a couple of months down the line, he may not be able to "Pay" conveniently.
Get as much as you can now and sort your own destiny.
Good luck

Yes, it certainly does make sense to secure as much as I can now.

One benefit of receiving a pension share would be that I could draw on it from age 50 if I needed to.

When my daughter goes to university (I'll be 52) my benefits will drastically go down as I'll no longer be entitled to the child element - so this is the period that I'm most worried about. Even working part time, my net income will be in the region of about £700 per month (£500 pay and £200 UC) That's barely more than the state pension!

My solicitor was saying that at this stage I should receive spousal maintenance.

My ex has said he will support our daughter through university. So I doubt he'd be in a position to pay much more than £300 spousal maintenance.

Now this would be fine if WTC was still in place as it would take my income up to £1000 per month - probably more as WTC is more generous than UC

Under UC though, it would only add £100 to my income. (the £200 UC would be withdrawn) £200 per month difference doesn't sound much, but it is when it would be the only disposable income I would have. At age 52, I don't really want to be in a position that once I've paid my bills, and done my weekly food shop, I have absolutely nothing left over! And yet if I had taken my solicitor's advice - that's the scenario I would have been facing.