Divorce - Legal Costs

[Arrods]

Some friends are going through divorce. Married for 30+ years, no dependants. He’s the ‘guilty’ party so far as the grounds are concerned (though I gather fault is not relevant these days) but one can understand why he has strayed. She wants to get as much as possible out of him. He wants to sort out the finances as amicably as possible to avoid heavy legal bills. She has a solicitor; he hasn’t, apart from an initial consultation.

Question: if he makes her an offer which ultimately, if it went all the way, the court deemed reasonable, who pays the legal costs? Grateful for any help.

[Buenchico]

Each side normally pays their own costs. However . . .

Quote:
"If you can’t pay your legal fees, a court can order your ex-partner (husband, wife or civil partner) to pay them.

The amount they pay would be taken into account when working out a financial settlement.

This isn’t something that courts routinely do, but they do make these orders in some cases.

You would normally have to show that you have explored every other option to finance your legal fees and that your ex-partner has the means to pay.

There are costs associated with it"

Source:
https://www.moneyadviceservice.org.uk/en/articles/how-to-pay-legal-fees-on-divorce-or-dissolution

Your (male) friend really ought to read all of the relevant links down the left side of that page. There's loads of useful information there.

[Arrods]

Many thanks Chris - I'll get the male to look at the links (as I shall do). Should have made it clear, neither are 'made of money' but he could pay legal fees, up to a point. It's just that he sees no point in paying more than necessary.

I was particularly interested in the angle where the court decides that he was more than generous than even the court would have decided. Could the court decide that she was 'having it on' and make her pay his costs perhaps?

[Guilbert53]

He MUST get a solicitor as there will be things he probably has not considered.

Has SHE got a pension "pot" and has that been taken in to account in their financial settlement.

Has HE got a pension "pot" and is that being taken in to account (her problem to ask for that not his).

Have either of them got savings (ISAs etc) or other assets.

If they have no dependants I don't see how she can "get as much possible out of him".

The finances will be split probably be split 50 / 50 (or thereabouts) unless one of them keeps the house then that is obviously taken in to account.

A judge will probably rule that she is just as able to go out to work as he is (assuming they are not retired) so there is no reason she should come out of it "better off" than he does.

[Guilbert53]

One other thing following on from my update above.

Tell him not to be too generous when splitting up the finances.

I was divorced over 30 years ago and was generous to my wife (though we did have two young children) and I finished up paying for it (and regretting it) for many years.

He may be the "guilty party" (and may be feeling rather guilty) but it takes two to split up a marriage (we don't know all the details) so tell him NOT to be too generous.

If he is he may finish up regretting it over time (both emotionally and financially!).

[Arrods]

Thanks Guilbert53. They're both retired and on OAP. He has an occupational pension; she has none. Savings about equal. He is quite happy to go 50:50 on everything, including his pension, but it would mean selling the house to achieve this. Her argument is that 'I won't be able to afford a reasonable smaller property' if it's 50:50.

Seems to me that someone needs to inject some realism into all this before it all ends up costing them both dear.

[Guilbert53]

>>>'I won't be able to afford a reasonable smaller property' if it's 50:50.

But surely nor will he.

No reason, after the divorce, why she should be able to buy a house and he cannot.

[Arrods]

Guilbert53. He's not bothered. He's bought a smallish boat on which he proposes to live and sail. The balance (assuming it's 50:50) is for a bit of security going forward.