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Advice on engaging a solicitor?

  • ThisIsGoingWell
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09 Jul 24 #523449 by ThisIsGoingWell
Topic started by ThisIsGoingWell
Hi,

My wife has filed for divorce, stipulating she does want a financial order, and engaged a solicitor who specialises in amicable/constructive resolution.
We have both completed and swapped form E and had previously spoken that the next step would be to seek some sort of mediated discussion regarding division of assets.

I'm very new to all this and not sure at what point, if at all, I require my own solicitor. I understand that her solicitor may not represent us both.. at least I think not, or is it possible they can in a mediation environment?
If things can remain amicable, is it reasonable her solicitor can simply act as the facilitator without needing the additional expense? I assume I can "lawyer up" later at any point should things seem to be going badly.
I don't want to be having solicitors fight each other and I've no idea how to choose one - she has engaged the one solicitor I actually know (we've used them for years). Is it reasonable to ask them if there are any local firms they have a good working relationship with, or would they be unable to answer that?

Thanks

  • Rickoshea
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09 Jul 24 #523450 by Rickoshea
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If your wife has instructed a solicitor to represent on her behalf they are now working for her so can't be a mediator as I understood it (i.e. the mediator can't be working for either party).

If you don't take representation do you need to mediate or can you just agree between yourselves what you feel is fair? That said at the current point only your wife is having someone tell them what a "good" agreement might look like vs what you might be expecting. You could always have a session with a solicitor to discuss your position and see what they advise. If both sides are close then you can save on not needing the joint mediation I guess.

  • ThisIsGoingWell
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09 Jul 24 #523451 by ThisIsGoingWell
Reply from ThisIsGoingWell
Thanks Rick that makes sense.
While we are trying to be amicable and kind that doesn't mean we have been able to retain a relationship, we're not talking directly. One reason she went with a solicitor (and this one in particular) is to make sure she is kind, face-to-face it could easily go badly. I think that's quite mature, what you want in your head and how you might act can be very different!

So we would need some sort of mediator, whether it is a professional or simply a trusted friend(s) I'm not sure. I think the mutual desire is we can work this out between us and then the solicitor(s) would formalise it, rather than advise her what she should be getting.

It sounds like I can reasonably wait to see how things progress and retain the option to get representation if things are breaking down, as long as nothing has been signed.

  • WYSPECIAL
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10 Jul 24 #523453 by WYSPECIAL
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You haven’t posted details of your circumstances but usually the starting point is 50:50 then it is based on need to deviate from this.

Would a 50:50 split mean you would both be adequately housed and have sufficient income?

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