My solicitor isn't great, so far I've spent around £8k (no idea how I've found that money, it's bonkers) and achieved nothing at all.
The barrister suggested to me for the FH is £3200 + vat for 1 day and £1750 + vat for day 2 (listed as 2 days). He's very experienced etc, how much is direct access?
The mortgage I'm not so bothered about but it's the nominal I am. Ideally I want to know if in Guildford there's 50% or higher chance of her getting nominal at the final hearing and god forbid straight up spousal! Everything I've read says that varying the order is very rare, but how rare? Who else on here has a nominal sm in place and it hasn't bitten them? Is there anything I can do to say I'll accept the nominal but make it less sever?
Sorry for all the questions, I'm so stressed at this point on so many levels, court is set for 11-12 July. I don't know what I'd do if I say 'no' to her now and then we go to court and the outcome for me is worse than what we have now.
Depends on the seniority of the barrister and how complex Your case is .. my divorce took years so the costs rack up pronto . By way of comparison i found a direct access barrister for less than a grand to rep me at my fdrha . With solicitors you pay them to email the barrister . You can filter on the d a portal for someone that’s say got 4 years experience . They’ll be better value than someone older ...it’s prob rare because of the cost to vary .
I think there is a bit of confusion, I'm not being asked to pay spousal, I'm being asked to accept a nominal spousal order...which means I pay £1 a year but the door is left open to her as a back stop incase she can't support herself at some future point.
I spoke to another divorcee tonight, he's had a TERRIBLE divorce, my god... I mentioned to him about nominal spousal and he just said that it's hard to find a divorce (maybe round Guildford area?) now that doesn't have it in place, he has it in his.
Got my draft consent order through and the only real point that I don't get is this one.
Is this normal looking? Should I be worried?
My thought is that this is more to protect the ex from me going to the cms after 12 months?
But doesn't the cms overrule a consent order anyway?
The varying of nominal maintenance upwards I don't quit get... if I'm paying £766 let's say and CMS says £650, then would I just be paying the £650? Or would it mean that £750 - £650 = £100 nominal, so the ex will never get less than £750.
That makes me think more that it's to protect her from me going to the CMS and her getting less than £750?
It protects your ex and she gets whatever payment works out more .
Re the payment being index linked .
My ex wanted that too I said no way . What I did instead was say that I’d increase the monthly payments by the same % as any increase in my salary , obv after tax . If your ex has good earning capacity make sure you try to get a time limit for spousal to stop and get her back to work
That's the conclusion I've come to, perhaps she's worried I'll go to CMS after 12 months and reduce the payment (I won't as I like keeping earnings private). If at some future point I'm at say 800 with cpi and decide it's too much, I will just go to cms and it'll then drop back to 750 (if cms is less than 750)...seems to only ensure she never gets less than 750 but that I could in theory hold it at 750 for the term.
If I go cms and cms goes over 750 though, I'd expect the varied nominal to drop back to £1!! Not worded in there though.
She's left it late as we're in court on the 11th of July to no doubt pressure me into just signing.