Legal Costs For Divorce If Your Spouse Doesn’t Use a Solicitor

It is often the case when parties are getting divorced and dealing with financial matters and arrangements in relation to their children, that each party will instruct a solicitor to act on their behalf and in their best interests.

However, there are times when although one party will want to use a solicitor, the other party will decide to represent themselves. Unfortunately, this can have unfair cost implications for the other party. For example, the party without a solicitor will often require more communications than a solicitor would need. This means that further costs are incurred but rather than those costs being paid by the non-represented party, they must be paid by the party using a solicitor.

This can feel like a very unfair system and whilst the solicitor will always try and protect their client and only incur such costs as are necessary, it can mean further costs are incurred for their client.

Often those parties not using a divorce solicitor are doing so because they may have had unfavourable advice from a solicitor and so decide to represent themselves. This means that they can be more difficult to deal with and again this can result in more costs being incurred.

It is a system that needs to change. More costs orders need to be made by Judges to discourage unrepresented parties from behaving unreasonably and incurring unnecessary costs for the other party.

One route forward is a form of alternate dispute resolution called Resolution Together. This is a new way for solicitors to advise separating couples on a joint basis rather than each party having to instruct their own solicitor.

It allows one solicitor to work on a joint basis with both parties. The family law solicitor will provide guidance and appropriate legal advice where required to assist the parties in resolving issues arising in connection with the family finances or in relation to the children. By dealing with matters in this way, it ensures that the legal costs are divided equally between both parties.

Ready to take the next step? As leading divorce lawyers in Milton Keynes, our team of family law specialists can advise and guide you from the moment we start working with you. We also have offices in in Bicester, Watford and London. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.