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No foul no fee divorce solicitors?

  • 19-10-2014 12:31am
    #1
    antiskeptic
    Registered Users, Registered Users 2 Posts: 9,555 ✭✭✭


    I've a neighbour going through the divorce process. Her husband is very, very well off and she's (and the kids) not got a washer as he's withholding funds in so far as he can. They've been living apart this last number of years


    He can afford the best solicitors and is on the offensive to ensure she gets little or nothing by way of settlement. She's on free legal aid and can't afford even the most rudimentary of defences.

    Given:
    - her need to be fully able to defend her position whether to outright win or to drive him to the negotiation table

    - very significant funds involved
    ... I would have thought it would be possible to find a solicitor willing to take on (after having looked at the bones of the case to satisfy themselves that there's a decent chance of the them obtaining their slice) her case on a no foal, no fee basis.

    Is this done in divorce cases as it is done in personal injury cases? Any one got a recommendation?

    Cheers


Comments

  • #2
    Taltos
    Registered Users, Registered Users 2 Posts: 20,830 ✭✭✭✭Taltos


    Mod note:
    Hi OP - this forum cannot give you professional recommendations on which solicitors to engage but hopefully you will get some advice on what your friend should do.


  • #3
    antiskeptic
    Registered Users, Registered Users 2 Posts: 9,555 ✭✭✭antiskeptic


    On reflection:


    Would (or should) it not be the case that she be entitled to funds from 'the marriage' to fight her case on equal financial - quite aside from whatever the court may decide after examining the merits of each sides claim.

    It seems anomalous that he be allowed to ringfence marriage funds for his own ends, excluding her access to same in the process.


  • #4
    Jamaican Me Crazy
    Registered Users, Registered Users 2 Posts: 1,111 ✭✭✭Jamaican Me Crazy


    Most solicitors will agree to payment plans or similar. They are not unreasonable.

    She really needs legal advice and soon!


  • #5
    Sala
    Registered Users, Registered Users 2 Posts: 1,494 ✭✭✭Sala


    They certainly may agree a payment plan, but she should be aware that in most divorce proceedings each side bears their own costs. This is obviously a bit of an academic point if she is relying on a settlement to discharge her costs but she will still be liable regardless out the outcome.


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