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Can I now self represent now I can no longer afford solicitors fees?

  • ClassicGuitar55
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12 Jul 24 #523479 by ClassicGuitar55
Topic started by ClassicGuitar55
Hi there,
I wonder if anyone can offer me any advice.
I have been in a divorce process for over 2 years and due to making all payments on the family home and fluctuating self employment income have at times struggled with mortgage payments. However that has been fine for nearly a year but is my priority as our two children are with me the majority of the time.
However I am now at the point that I can no longer afford any more legal costs otherwise I cannot pay the mortgage and other bills and risk losing the house. I've have spent nearly £10k so far and my wife seems to have not even spent half of this and lives rent and mortgage free.
My solicitor will not act on behalf anymore until I have paid the outstanding amount. Whilst I will be able to do this at some point, we have an FDR hearing at court late in August and so I'm not sure how I can now pick this up and represent myself?
The other issue is the date of it is when I am on holiday with my children so I don't know if I can ask for the date to be moved. I can work around this if needs be but If anyone could advise how this could be done that would be great.
My more pressing matter is how I now pick up the process on my own. My last communication from my solicitor was that we had to go back with an offer to my wife before the hearing as we have received one from her. Can I send that myself?
Apologies for all the questions!
Just to be clear, I fully intend to clear my account with my solicitor, it's just that isn't going to be possible before the hearing and likely final hearing.
If anyone could advise how I move forward I would be really grateful.
Many thanks

  • WYSPECIAL
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14 Jul 24 #523496 by WYSPECIAL
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You just need to tell the solicitor you no longer require their services and will be representing yourself. When your bill is fully settled they will send you your files.

Write to the court, and your ex’s solicitor if she has one, yo let them know you are now self repping and to send all communication direct to you.

  • hadenoughnow
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15 Jul 24 #523507 by hadenoughnow
Reply from hadenoughnow
You need to request an adjournment urgently (copy request to the other side). Not attending FDR is not an option. You could end up with the other side's costs. Put in a D11.

As to representing yourself, make sure you understand the process and have a good understanding of what a likely reasonable outcome could be. You will need to make sure you do everything that's been required in the order.

If you need to respond to their offer/prepare a counter offer you should make sure you have considered particularly the housing needs of both parties and the children and whether there are other assets, including pensions to share. Is your ex living in the FMH or are you ? She should be paying the costs if so. How big is the FMH? What would suitable alternative housing cost? Affordability is important.

We do have a help with court service that may be useful.

Hadenoughnow

  • ClassicGuitar55
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15 Jul 24 - 15 Jul 24 #523513 by ClassicGuitar55
Reply from ClassicGuitar55
Thank you both for your reples - this is really helpful :)@Hadenoughnow – thank you for your questions and pointersI’m living in the FMH and the children are with me about 65% of the nights of the year
it’s a small 3 bedroomEssentially she is living in her late parents house and needs to raise a small mortgage on this to buy out siblings and so wants to come off the one on the FMH – I am not in a position to buy her out so either ask for time to do this or negotiate how much equity we get – her offer was to sell the house and take 50% each – however if I do this, I’ll only be left with about £5k after all non-secured debts (matrimonial but in my name) are paid off so I won’t have the opportunity to buy again and will have to rent going forward. So I do feel there should be some negotiation on the equity split to give me the opportunity to buy again in the future after renting for a whie and be financially secure as the children are with me most of the time.Is there a way to get a copy of the order so I can see what is required?
Last edit: 15 Jul 24 by ClassicGuitar55. Reason: additional info

  • hadenoughnow
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20 Jul 24 #523548 by hadenoughnow
Reply from hadenoughnow
The solicitor should provide a copy of the order or you can ask the court for it.
How old are the children?
If you are the parent with the majority of care and she has an inheritance that will help meet her housing need, an immediate 50:50 split may not be appropriate. Are you able to release her from the existing mortgage by taking it on in your sole name? Could she raise a mortgage sufficient to buy her siblings out? The priority is secure and stable housing for the children.
All the factors need to be taken into account - are there other assets such as pensions to be considered?

Hadenoughnow

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21 Jul 24 #523558 by ClassicGuitar55
Reply from ClassicGuitar55
Thank you again - really helpful.

they are with me 60% of the time

I am unable to take the mortage over in my sole name at the moment due to a mix of marital debts and resulting credit file issues and also having a sufficient number of years accounts for my self employment at a high enough level.

She has said she will be able to raise a mortgage to buy her sibling out but needs to be released from the current one first.
My calculation would be that she would need a mortage that would cost her around £600 per month wheras renting the same as the family home would cost me £1200 per month should I be made to sell the family home and rent.

the equity in the family home is circa £100k and if it was split equally, after paying solicitors fees and marital debts that are in my name, I would be luckly to be left with £5k so no chance of buying again in the future.

Her inheritance is essentially £200k (total estate value of £400k split 50/50) - and needs to raise £100k mortage to buy sibling out.

There is no other money or pensions of any note, it literally is just the house.

My solicitor said I should just ask for a set amount of time to buy her out - maybe until youngest is 18 (he is 6 and other child is 12) as we won't be able to ask for me to have any more than 50% of the equity in the house.

But my feeling is that if I have to sell to let her get a mortage which is just 33% LTV , which then allows her to have a mortage payment that is 50% of my likely rental, plus be paying off equity too whilst I'm paying twice but also in rental so not building my equity, whilst i have the children more, shouldn't there be a case that I have more than 50% equity to allow me to pay off marital debts and have funds left for a deposit to purchase a home again in the future.
Otherwise, am I actually better off asking for time to buy her out?
My thought process is that they should have at least one home between the two parents that is owned, which one currently is. I guess her LTV is good on what she going to do with her parents home and the courts may feel that will be secure enough and ask me to sell family home.

Any thoughts would be really appreciated as I have to put a 'without prejudice' offer to her and her solicitor this week.

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