Divorce – Who pays the legal fees?

Introduction
Divorce in the UK is an exercise that has been growing more and more expensive. The average cost of a divorce is estimated to be £13,000, with the more expensive divorces reaching from £25,000 to £50,000. It matters not whether the split is amicable or not – most of the legal fees are used to pay the solicitor.

This article explains how divorce costs are divided and how to lower the cost of our divorce.

Petitioner pays
Despite prevailing opinion, it really does matter who initiates divorce proceedings. If you are the one who is being divorced, you can be ordered by the court to pay all the legal fees for the divorce. This is unjust, but it is based on the old court principles that if you can prove your case before them, then you will also get your costs. This may be useful for other cases and other judicial systems in the UK, but in the family courts, the result is unfair.

How to split legal fees:
• If the divorce is agreed upon by both parties, it is possible to halve the legal fees between the two of you. We suggest you do this by using a ‘separation agreement’ to ensure any agreement is written down;
• Of course, it is possible that the person who petitions for the divorce will not seek a court order for costs against his or her spouse.

Cutting costs
Do you really need a solicitor? If the divorce is undefended – that is, you both agree – there is little point using a solicitor as long as the division of your finances and how you shall manage the children is agreed too. A solicitor does not make the divorce any more legal. You can manage the entire process on your own with relative ease by using forms and documents purchased online. Further, you can also purchase legal advice and support online too.

Here are some situations where it is better to forego the services of a solicitor:
• If you and your partner agree on the divorce and on the division of property;
• If you have proper grounds for the divorce;
• If both of you do not have substantial assets;
• If you are not challenging child support or maintenance;
• If your children are of legal age and not minors.

However, if you still need financial assistance from your partner after the divorce, it may be better to get the help of a solicitor to take care of the monthly payments and help make the payments binding.

Legal Aid
With some divorce situations, legal aid under the Legal Services Commission (LSC) is available. An advisor will be able to help determine if you are eligible for the aid or not. Legal aid is granted on the demonstration of financial need, so those who wish to apply will have to give their income and expenditures to the LSC.

How to manage your own divorce
• Research and plan: read articles such as the free articles on our website;
• Ensure you have proper grounds for divorce;
• Make the initial petition using a petition form from Net Lawman, or any other legal supplier;
• Use other Net Lawman forms to complete the divorce process.

Net Lawman stock all forms and documents you require for an undefended divorce. You can also apply to the court for them to send you the relevant forms; however, these do not come with explanatory notes, completed examples and guidance as the Net Lawman forms do. Net Lawman can provide back up advice and support too as well as draw letters and documents to assist.

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