Robert2020
Registered User
- Messages
- 5
Barristers are trained to do exactly that. They do it every day. They are very good at it.I am still considering representing myself as a lay litigant- I am still not confident that any barrister will be able to articulate the key defences points of the case efficiently on the day.
With €1 million in play, you really don't want to be doing this on a DIY basis... The estates is quite small circa €1m total, so seems like a lot of combined legal fees to fight about a marginal difference v 50:50 assets split.
You have a point. Mediation is the best way to keep costs down for both parties. Obviously needs both sides to play ball.It is Unethical that small cases go to court with big fees really- disproportionate erosion on the estate.
The ideal full hearing is a rubber stamping exercise with agreement reached in advance on all issues, the main ones being children, maintenance, property, assets and pensions. If you're fighting these issues out in Court, your costs are escalating rapidly.I appreciate many on here are actually solicitors & barristers.
Keen to hear from anyone who has been either to a full hearing or settlement reached just before it.
Is there not a distinction made between marital assets ie assets accumulated during marriage and non marital ie assets accum before marriage and sfter seperation?Q5- If we both have good jobs and Im already paying good maintenance, surely the asset split is circa 50:50 equality?
As far as I'm aware, unless its a marriage of extremely short duration, any assets brought into the marriage by either party are considered marital assets.
I'm not so sure that's what the link is saying! And even if it did say that, it would be wrong. The Court has complete discretion to make property orders relating to either pre or post marriage acquisition. There are just too many variables to make hard and fast rules. And that is precisely why the OP should take detailed legal advice.The info in that link seems to be saying that assets accumulated by 1 spouse pre marriage may not be divided between spouses on seperation.
Q3- What is likely total cost of 1 day hearing, including prep time in advance, solicitor and top barrister on the day?
Q4- If I were a lay litigant would the other side engage in settlement discussions before the case or only if I have legal representation?
Q5- If we both have good jobs and Im already paying good maintenance, surely the asset split is circa 50:50 equality? Yes, we have 2 kids, but this is already factored
A full day in the Circuit Court? Ballpark, 20k and upwards. A 20 minute rubber stamping hearing in the same court? Should be about 5 - 10k. It's a piece of string really, but the less that's agreed in advance, the higher you can expect the bill to be.Q3- What is likely total cost of 1 day hearing, including prep time in advance, solicitor and top barrister on the day?
They will engage. Their professional responsibility is to get the best possible outcome for their client. If they can get that by agreement from you, they will. They are very unlikely to offer you a better settlement than they might offer your legal representatives. Why would they?Q4- If I were a lay litigant would the other side engage in settlement discussions before the case or only if I have legal representation?
Trust me, solicitors have an excellent "nose" for money and they usually get paid! In family law, there is often a property sale, (or re-mortgage) and the solicitor's bill will be met from the sale proceeds. Otherwise it'll probably be a hefty payment up front. A solicitor acting for the economically weaker party, but with an expectation of getting a settlement, will often be prepared to wait for the settlement.Plus- how doe the legal fees payments actually work. I know there are solicitors on here, but I do feel they string the clients along a bit with no discussion about the Elephant in the room- most clients dont have enough liquid funds to meet the full bill of a Court hearing.
This is our case too. Most of the the family wealth that could generate funds for case fees is in the family home.
How does my bill and my ex's actually get paid & in other cases?
With all due respect that's a monumentally stupid idea.I am still considering representing myself as a lay litigant- I am still not confident that any barrister will be able to articulate the key defences points of the case efficiently on the day.
@Baby boomer isnt that exactly what the link is saying - see quote below:I'm not so sure that's what the link is saying!
Of course - but surely assets acquired by one spouse before marriage or even before they met are assessed by the court and decided on accordingly? Those assets are not matrimonal assets and so would not be automatically divided equally?The Court has complete discretion to make property orders relating to either pre or post marriage acquisition. There are just too many variables to make hard and fast rules.
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