LIP vs Representation

Hi

I want to go to court to resolve issues but I don't know if a judge takes a LIP serious enough - I have read on this forum that LIPs are largely ignored whilst they focus more on the side who has legal representation. In addition I have read that even if I LIP and the ex uses expensive solicitors/barristers in the end costs come our of the joint marital pot - so my question is what is the point of me trying to save costs as a LIP when her costs will be paid by both if us ? - I may aswell get proper representation and fight fire with fire!

Assume I a LIP.....
If my current solicitor submits form A (easier as they have the info to hand) can I dismiss them straight after? and become a LIP or am I committed to use them as they started the process off?
There is a Consent Order on the table (which ex has not signed and incidentally neither have I) but I want to rip that up and start again - so can I do that as a LIP ?
The current consent order gives her more equity of the FMH (i return nothing of my pension) but since we started negotiations I realise now that the lump sum I would get from the FMH won't be enough for me to get a house. So my new consent order would simply be spit the house and my pension 50:50. So as a LIP can I start afresh with a new consent order or do I have to carry on with the current consent order.

K

You can disengage your solicitor at any point, you would need to let the court know of any change of representation using form N434.

You don't necessarily need a solicitor to make the initial application on Form A, and even if they do, you are not obliged to continue using them afterwards. Wikivorce has a low cost service for practical help and support for litigants in persons, you can find details in the services section.

The draft order is just that - a draft, and as neither of you have signed you can renegotiate, and send across a fresh proposal. Bear in mind that factors such as available mortgage capacity, length of marriage, dependent children, parties' incomes etc will have to be factored in and 50/50 may not be fair as may not meet the needs of the respective parties.

Brilliant thanks as that clears up a lot but but what about me lip'ing is that going to be false economy. There is no point me being a LIP if she will run up a huge legal bill and then get that get paid out of the marital pot (which means then me effectively paying for half). I might as well do the same and get proper (and probably unnecessary! representation)

What legal advice has your solicitor given you? The risk if there is an agreed but unsigned consent order is that it will be presented as an agreement that should be stuck to.

Before considering a court application I would want you to have some pretty robust legal advice about the potential for improving your position vs potential costs.

As far as costs go, a lot depends on whether this is a straightforward needs case or if there is more than enough in the matrimonial pot to house you both. If funds are very limited you should both avoid spending more than you need to in order to resolve the matter. Getting good advice at the outset, support with the paperwork and bringing in a good DA barrister at the right point a: saves costs and b: gives you more control.

I would strongly suggest you get a second opinion on your matter before filing Form A. You can book a fixed price consultation via this site.

Hadenoughnow

They haven't given me any legal advice about the existing CO although I have consistently asked my chances of getting a better deal (better than what's in the current CO) but I have been fobbed off time and again because she wanted to see both D81s. I already told her the financial situation of us both because I knew it but she insisted on seeing both D81s. Now that both D81s are visible it tells her no more than I told her but still since has not answered my question "can I do better".
I have been negotiating with the ex (via solictors) for over a year now hence why I have ran out of money. Begrudgingly, I compromised on a deal which in hindsight may not give me enough cash now to buy a place as markets have raced ahead but it seemed the best option at the time because I did not want to be tied up with court proceedings (and associated costs) and time delays trying to get the FMH properly valued and sold, The thing is she wanted this deal but has not signed it. I won;t sign it until she has so we are stuck. She either can't afford to buy me out or this is another stalling tactic as the status Quo suits her. The submission of Form A was to try to get an end to this farce and force a settlement one way or another as I can't rent forever.

I am at a loss to understand how you got to the point of a draft consent order without having exchanged financial disclosure. This would normally be done with a voluntary form E.

If you do go to court you could try to fast track to FDR if you are already au fait with tge finances. Then you will get the benefit of a judge's opinion and can reach agreement.

Hadenoughnow

Hi
As I said I have been negotiating with the ex for over a year ever since we started the divorce. I was able to do this because I was knew both our financial positions which is what I was telling my solicitor. (All we had was a house, some shares and our respective pensions (all CETV for which we could get valuations pretty much online as they were DC and not DB)
My solicitor though still wanted to formally see my ex declarations and this was done on a D81 which was only completed recently. Unfortunately, the share information was missed off but I know from statements before we spit what we had. (why she omitted them I don't know)
So to confirm declarations were done via D81s not form E. I guess Form E will now be required as we are going to court for a remedy. My ex will probably miss of that information on that form too which is why I will have to get the judge at the FDA to order it