Divorce financial settlement
Hi there. My partner recently obtained the decree absolute but financial matters are yet to be sorted out. He has already been invoiced around £1.4k so far and his solicitor is estimating another £750.00 + the consent order fee (none of this includes VAT).
My partner and his ex-wife have agreed between them that the house will be signed over to him and he will pay her a lump sum. There are no other assets so I presume it is things like his Will and pension that also need to be dealt with.
We are not sure why the solicitor is charging so much. My partner has found out from his mortgage provider that he has to fill in a transfer of equity form and pay £150.00 to have her taken off the mortgage (this is obviously on top of what the solicitor is charging). We understand there is a separate procedure to have her removed from the deeds but don’t know how to go about this. Then the consent order, which from what I’ve read should cost around £300.00.
The split is fairly amicable and they have sorted out finances between them, but the solicitor is still demanding a Form E be filled in.
Any advice would be much appreciated as this doesn’t seem to add up.
Your partners Solicitor
Your partners Solicitor should have provided him with a "client care" letter right at the start of the work. This should set out what work was to be done, who would be doing it, at what rate it would be charged and an estimate of the total cost. The figures should be reviewed at least once every six months and if the estimate is greater your partner should have been informed.If the work still to be carried out is extra or costing far more than had been agreed, bearing in mind the client care letter and any terms and conditions,I would suggest that a full explanation is obtained from your partners solicitors. They will initially be in a position to understand and explain what work remains to be done and why there might be a discrepancy between the original estimate and any new figures.
If your partner remains unsatisfied with this then a complaint should be raised with the firms complaint partner and thereafter with the Legal complaints service whose details can be found at www.legalcomplaints.org.uk
Richard Paremain
Richard is entirely correct
Richard is entirely correct in what he says.
As to the figures you quote the costs relating to the divorce/decree proceedings are possibly a little high. The divorce would, I assume, have been undefended.Generally speaking I quote approximately 1000 pounds for this inclusive of VAT and disbursements i.e.court fees. If the divorce is based on unreasonable behaviour this might cost a little more depending on how much detail is needed. The fees can also rise if arguments are taken on who has to the the costs.
The fee of 750 for a consent order is not wholly inapproriate. The order has to be prepared together with statements of means for submission to the judge. He/she may have queries which have to be dealt with.
The transfer of the property is unfortunately another matter altogether which would normally be arranged by a solicitor once the lender has issued it's formal permission. This could cost at least another 200 plus VAT and a land registry fee of 50 pounds minimum.
Sorry but divorce is still an expensive business even when it is agreed.