solicitors fees

[fabtec]

My wife and I have separated and I am trying to sort things out amicably. We have no children and in the process of selling the house. There will be approx �69,000 equity in the sale of the house but debts total �25,000 which are in my name only, can these be deducted from the equity?. Also if my wife uses a solicitor will she have to pay her own fees from her own settlement even if she gets legal aid or will I also be responsible for the fees she incurs.

[lady_p_gold]

The debts of the marriage and the assets are put together as a 'cake'. How that cake is divided can either be decided between you or if you do not agree, then by lawyers. Let me warn you that if there is only �69000 of equity and �25,000 debts then that does not leave much and that sum can easily be swallowed up if you start down the legal road if you are in dispute. It starts off with small fees and then before you know it you are so far into it you can't get out and it just escalates. So if you can do it amicably then it will be better all round. Even if she gets legal aid they will probably then take that out of any settlement she received eventually. What about your pension - she will be entitled to some of that too. If you are doing it amicably you may think it fair to take on your debts yourself but I do not know all the other aspects.

[Gef]

Good advice from lady_p. Unless there is good reason to do so everything should be thrown into the pot as of the date of separation plus the proceeds from the property sale. Pay off all the debts (including mortgage if any) from this pot and work from there.

Pension rights should also be included, ie your wife is due half of the difference between your pensions. You should both (if applicable) write to your pensions company and ask for (I can't remember the legal phrase) how much your pension was worth at the date of separation.

Eventually you will both need a lawyer and have to pay the bills yourselves so do as much as you can first.

Even doing this it has cost us a couple of thousand pounds in legal fees (still don't have the final bill).

Sorry but no idea about Legal Aid.

Good luck and post again if you think I might be able to give more info.