Legal Separation & Divorce costs??

Go_fish2

My mother is applying for a legal separation from my father on the grounds of unreasonable behaviour (very long history). My father will, undoubtably, contest it, as he refuses to acknowledge his unreasonable behaviour. They have been married approx 40 years, and the house is in joint names. No significant savings. My father has a work pension. She has been in touch with a solicitor who has advised her that legal fees will be in the region of 15 - 20k Euro, as a barrister will have to be appointed and the case go to court to be settled.

Does this sound reasonable?? Seems extremely costly!!

Thanks in advance for all / any replies

Go_fish2

I should add, there are no dependent children, and my father will not agree to mediation process.

Ken.

First things first. Your mother and father will have to be separated for 4 years before they can even consider a divorce. If she can't afford to leave the family home she has to show a concerted effort to split. Separate bedrooms,bank accounts,lives.

Go_fish2

My mother has had to leave her home due to my father's behaviour - her health and safety were at risk. Although everything is in joint names, she did open her own bank account about 6 months although only has a small pension going into that. She is currently living with family. My father is sending her no money and warned her before she left that she was to take nothing out of the joint account. She is too fearful to go against this. The first thing which needs to be sorted out is finances so that my mother can support herself. Horrible situation

Joe1919

Is there an entitlement to Civil legal aid in this case?
http://www.legalaidboard.ie/

Go_fish2

Yes, my mother had an initial appointment last week as she does qualify for free legal aid. The waiting time, however, is horrendous and not feasible. At least 12 months from appt until a solicitor could be appointed, and probably longer. Then a further 2-3 years until the case would come to court and be resolved. There's no way she can wait that long. She's very fragile, and mentally very anxious.

AndonHandon

She can apply for maintenance from him right now and doesn't need a solicitor. Tell her to go to the family law courts office and speak with them. He should be paying maintenance.

Secondly, shop around with solicitors and attempt to get them to give you an accurate estimate on costs depending on the stage at which the matter gets resolved.

Finally, if your mother is genuinely in fear for her safety around your father she can get an order to force him out of the home. Again, a solicitor will not be needed to do this. The law is there to assist the vulnerable person but it is up to them if they wish to use it.

Go_fish2

Thanks for the advice AndonHandon. Unfortunately she has not got the emotional or mental strength to start sorting things out by herself, and I do not live in Ireland. I will make some calls to other solicitors though, and get some estimates. I know she has spoken to a friend who is a retired solicitor and he has advised her that 15-20k is likely.