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How Much will it Cost?
Information on the cost of the divorce process; ways to keep costs down; considering Mediation
We always do our best to provide you with as accurate a cost estimate as possible. It is often very difficult to estimate costs with any accuracy, however, as much depends on the nature of the case, the level of dispute and the length of time the matter takes to resolve. If we cannot give you a realistic overall cost estimate at the outset of your case, we will endeavour to give an estimate for each stage of the case.
We base our estimates on the number of hours we anticipate it is likely to take to deal with your case. We will also give you as much information as we can about the likely fees and disbursements (expenses) you can expect to have to meet over and above our own fees. We also review our cost the estimates as the matter progresses and keep you updated.
It is important to understand that the divorce proceedings are separate from any financial or children issues. Some couples have no legal involvement at all in respect of their children and financial matters and are content merely to complete the legal process of dissolving the marriage whilst sorting these other issues out informally between themselves.
As a very rough guide, legal assistance with straightforward divorce proceedings alone will cost around 700 to 1,500.00 plus VAT.
You can of course obtain the paperwork from the Court service website or your local County Court and do it yourself. You may still have to pay the Court fees though which will be 300 for the issue of the petition and 40 for the Decree Absolute. You may also have to meet a fee for swearing your Affidavit, which is usually between 7 and 9.
You may be eligible for legal aid and/or fee exemption if you are on a low income or in receipt of benefits. Womenlegal are unable to assist with legally aided cases but see our links to find out if you may be eligible and for details of other sources of help.
For those ineligible for legal aid, Womenlegal is delighted to offer an exclusive, complete fixed divorce fee of 695.62 inclusive of all court fees, expenses and VAT (subject to status). Contact me for further details / see my profile.
Resolving financial matters may cost a further approximately 2,000 to 3,000 plus VAT for an average case, where settlement results from negotiations. It can certainly be less if agreement is reached swiftly or in mediation. More complex cases and/or where Court proceedings are needed can result in further costs, however, of between 3,000 to 6,000 plus VAT. The cost of resolving children matters in an average case is similar.
Once we know more about your case we can endeavour to give you a more accurate cost estimate.
Costs: how you can help
We are always as keen as you are to process your work quickly and at the same time keep your costs at a reasonable level. Here are ways you can help to achieve these objectives:
- Keep our involvement limited to those items of work you feel you are unable to deal with yourself. Work with us and we will work with you. Be sure to deal with our queries promptly and avoid the cost of us having to chase replies and arrange fresh appointments.
- Remember time is money. We have to charge for everything we do, but we like to strike a balance between giving you the help you need and not wasting our time and your money.
- Be flexible. In many cases, a little give and take is often the most sensible way of solving the most difficult problems. Remember that invariably the only people who benefit from contests over matters of principle are Lawyers!
- Help us to help you; if you think we are setting about your case the wrong way, say so.
- Remember: if Court proceedings are issued it will be necessary to take an even closer look at costs. The basic cost rules say that the loser may have to pay most of the winners legal costs and expenses. Thus if you win, you may not recover all of the sums you have paid us, and if you lose you may not only have to pay your own costs, but a substantial part of your opponents. When assessing costs, the Court may penalise parties for being unnecessarily confrontational or pursuing issues of marginal importance to the case. The Court will also expect your legal bill to be proportionate to the amount of money at stake. There is never any guarantee that you will recover costs from your opponent even if you are successful and you will remain liable for payment of your all of your own legal costs in any event.
Mediation
As a less acrimonious and less expensive alternative to negotiations through lawyers or Court proceedings, you might wish to consider mediation. Mediation would involve you and your spouse meeting with a trained, impartial mediator who would attempt to assist you and your spouse/partner reach an agreement regarding the consequences of your separation, without the need for Court proceedings, and which you both agree is fair.
A mediator cannot, however, impose any decisions upon you or advise you. If you were able to reach an agreement through mediation you would then be given an opportunity to seek some advice on the terms of the agreement before deciding whether you wanted it embodied into a legal document which would be binding on you both.
During mediation, your lawyer can, if you wish, provide you with partial advice in between mediation sessions so that you feel properly informed during the mediation negotiations.
Even if you cant reach complete agreement at mediation, it can provide a useful forum to explore and discuss issues. It can at least help to narrow the issues in dispute in a more cost effective way than your resepctive lawyers firing off letters each week!
Once consensus is reached, your lawyers can advise upon the appropriate legal formalities which may need to be taken to ensure that your agreement is legally formalised.
There is no minimum or maximum number of mediation sessions required; it depends entirely on your own particular circumstances.
If financial matters need to be resolved, then you and the person with whom you are attending the mediation sessions will need to provide full information about your financial circumstances, along with docuemntary proof. This is callled full and frank financial disclosure. Couples who use mediation to assist them in resolving financial matters usually attend maybe 3 to 6 mediation sessions but it really depends on your individual situation as to what is required.
Mediation can help reduce legal costs but more importantly it can ultimately help to reduce hostility, tension and misunderstanding between couples. This, in turn, helps to foster better communications and relations in the future, which is so important to many couples, especially those with children.
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