Do I need a family law barrister?

Caranica

So after 10 years apart we are finally moving on our divorce. Amicable.

Ex moved overseas so has handed his affairs over to a questionable solicitor. An agreement was made re assets in 2017, as part of that a property was sold so I had to engage a solicitor for that. Same solicitor was willing to handle divorce for me but we parked things for a while.

It's picked up now as my ex has some urgency in wanting a divorce so I contacted the solicitor who wants several thousand of a retainer and says I need to hire a family law barrister. This is all money I don't have. I really don't see why I need a solicitor in the first place, not to mind a barrister. So many people manage the divorce themselves. That's what I wanted to do in the first place. There are no kids and one remaining property so it should be relatively straightforward.

Any advice welcome.

dubal

https://www.boards.ie/discussion/2058222507/do-i-need-a-family-law-barrister

You could probably do it all yourself, though it would need your ex to agree and his solicitor would then get no money... so he wont be in favour.

You could save a lot of money doing it yourself. Just use one of the self help divorce companies

Dubal

Caranica

Thanks. He went other because he doesn't feel he can do his part from abroad.

Whatever about a solicitor I don't understand why I'd need a barrister.

dubal

If you can agree everything and you the paperwork you don't need either.

Caranica

Sorry typo in my last reply. He's insisting on using a solicitor as he's overseas. I don't want to/can't afford to. And then when the solicitor I spoke to said I'll need a barrister it's all very confusing and stressful, especially in the run up to Christmas.

You could contact free legal aid if you can’t afford a solicitor? It won’t be free but dramatically more affordable in your case.

feelings

If he's insisting, perhaps ask him to cover the costs? All he can do is say no.

PhatBoyDim

Hi, you could probably do it yourself, or there are people who run through the process with you. I used diylawyer.ie myself about 7 years ago but he seems to have dissolved the company a couple of years ago. For us, it was an "amicable" divorce, no children or property and neither party looking for anything from the other. The service cost just over €500 at the time. He provided all the forms for me and my ex. Showed me where to sign, what details to fill in, finance, etc and told me what to send where etc and provided similar docs for my ex with envelopes already addressed and stamped etc. Was a straightforward process.

On the day, turned up at the courts which started off with a kind of roll call. I was surrounded by solicitors / barristers who I am sure were on the clock representing clients, and just had answer they were present. Later in the day was finally called in. Was the judge, a couple of other legal people, my ex and me. It was just then a formality. I had to state before the judge when we had separated, we met the criteria of enough years apart etc and there were irreconcilable differences. He then just declared the divorce and that was it.

I think it's different if either side is fighting for something. Not sure what happens when it comes to property. Might be worth searching for one the diy lawyer services online.