Divorce costings

holly456

Hi,

I'm currently legally engaged with my estranged Husband over a judicial separation. Unfortunately, it is not of my own design. I would happily sit down and work it out with him fairly, but unfortunately was not be. I did not wish to separate but he insisted on moving out. Shortly after he left I tried on several occasions to communicate with him. He rebuffed me at every chance and told me to brief a solicitor. I wanted to work our situation out amicably but he was having none of it. He himself is a solicitor and is fully aware of the jigs and reels involved, as was I.

We separated in September 2014. We were both at our holiday home abroad with our two children when we initially fell out. When he left in mid-August he left with my younger son and I stayed on with my older son who was not starting college until October. I thought that this might have been the best thing in order to let hime cool off. Instead he listed our house for sale, without my knowledge or consent. While I was still away he pressurised me to accept an offer on our family home. I was vehemently against this as there had been no joint deliberations between us. I told him to withdraw the house and he did.

While still abroad he removed all funds from our jointly held current accounts of circa €60k and placed them in an account in his own name. He also removed my name from a joint credit card account, rendering it inactive. I had my own personal credit card and funds which was sufficient for a time but have now long run out.

On briefing a solicitor I lodged €15k fees against fees, as they requested. The maintenance he is providing me with, which is not court ordered, is barely sufficient to run the household. It also represents a small fraction of us monthly earnings. Therefore, I supplemented the shortfall with my own personal funds, which were also used to take the kids on holidays. My solicitor was completely aware of my situation throughout this process.

Naturally, my cash has no ran out. I am now left with a substantial credit card bill as a result, the payments of which greatly diminish our maintenance.

I've offered to end proceedings against my husband on a number of occasions to pursue other resolutions e.g. Mediation, counselling etc. He seems hell bent on keeping me as stepped as possible, and at his mercy.

He has delayed proceedings on numerous occasions and when he eventually submitted his affidavit of means, they were completely implausible. My solicitor has been pressurising recently to lodge more funds on account. I've advised them that I was in the process of selling some old jewellery, a portion of the proceeds of which would go to them. They are requesting a further €25k. We have had two court hearings to date which is only the tip of the ice berg compared to what unfold throughout this process.

I'm beginning to feel that my solicitor really isn't interested in my case but more so in their own cash flow situation. The items of jewellery have still not been sold. Even when they are, I can only imagine what other fees will be requested.

Is this normal procedure/behaviour for solicitors?? I understand that our situation is different given that we are lucky enough to have substantial assets(despite my not having access to them ), but I would imagine that most women in my position would not have access to hundreds of thousands of euro for their divorce battles and that the majority of fees would be taken from the eventual settlement.

Am I unreasonable to think this??

Stheno

Are you based in Ireland? And going to court to get a legal seperation?

holly456

Stheno wrote: »

Are you based in Ireland? And going to court to get a legal seperation?

Yes we are based in Dublin in the High Court

Stheno

holly456 wrote: »

Yes we are based in Dublin in the High Court

That will be expensive, no one here can tell you how much, but as it's in the High Court it will be significantly more expensive than if you had done mediation/District/Circuit court.

Most Irish seperations/divorces wouldn't go to the High Court

holly456

Stheno wrote: »

That will be expensive, no one here can tell you how much, but as it's in the High Court it will be significantly more expensive than if you had done mediation/District/Circuit court.

Most Irish seperations/divorces wouldn't go to the High Court

I understand that the fees will be substantial. But from what I've heard over the years is that solicitors will work on account with the view of drawing fees from the overall settlement. Is there some sort of asset multiplier they apply to fees based on what a couple is worth overall??

Stheno

holly456 wrote: »

I understand that the fees will be substantial. But from what I've heard over the years is that solicitors will work on account with the view of drawing fees from the overall settlement. Is there some sort of asset multiplier they apply to fees based on what a couple is worth overall??

No idea tbh, your question might be better answered in the legal discussion forum.

I can move this for you if you wish, just let me know.

Mihaela Andreea

Im looking for a bit of advice. I've married a year and a half ago, sold my house and bought a new one with the new husband on both of our names. Since then things have gone downhill badly and i am looking to divorce as i believe our relationship is gone past fixing
He doesn't want to divorce, he doesn't want to leave the house/ separate
The house has been bought with the equity from the previouse house and mortgage is paid from my wages each month. Can somebody please tell me where to start?

Bernie Grant

There is a support group made up of people that have gone through divorce that meet in a back room of Clarkes pub in Phibsboro every Monday night at 8 oclock - great for advice might we worth going along