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Solicitor not filed docs on time

  • veryfrustrated
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03 Jun 12 #334856 by veryfrustrated
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OH has First Appointment next week and just discovered that his solicitor has not filed chronology,statement of Issues, Form G (no pension disclosure made by stbx so do not wish to have FDR, just FDA) or form H to the court. Apparently these were supposed to be with the court at least 14 days before the court date.

He is considering changing solicitors for several reasons (including the fact that she has now advised that she will not be attending and will arrange a barrister - a little overpowering if just FDA) but we are concerned we have left it too late to change. (The barrister has not been appointed yet).

We are currently typing up the relevant document to hand deliver to the court over this weekend hoping that they will still be accepted, but if we do that we will need to complete a change of solicitor/self rep form as otherwise all responses will go to the solicitor. He doesn''t want to relieve her of her services until he is sure he can get someone else on board at such short notice but if he does get someone we might have difficulty getting the response if it has gone to the ''old'' solicitor.

Hope this makes sence, my brain is a bit frazzled now, have been working on the forms for the last 5 1/2 hours.

Please help, all advice appreciated. happy jubilee weekend.

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04 Jun 12 #334973 by veryfrustrated
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Anyone able to give a bit of guidance please.

Thanks

  • dukey
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04 Jun 12 #334996 by dukey
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Why would you need a barrister for FDA, is this a big money case, is it very complicated, how long is FDA listed for.

Its not uncommon for documents to be filed late for a host of reasons, if you are going to change solicitor now would be a good time as the process only gets more formal from now on, is your solicitor aware you are trying to complete the documents yourself?.

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04 Jun 12 #335007 by veryfrustrated
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Hi Dukey, Thanks for the reply.

No its not a big money case. £125k equity from sale of FMH held in escro, a couple of ''normal'' pensions and 1 in payment.

Solicitor says as OH is not prepared to disclose my information (as new partner) and he has not applied for a CEB for the pension in payment yet (due to financial constraints) then she feels it will need a barrister.

All through so far we have ended up completing the documents ourselves and she has ''tweaked'' them and forwarded. We were finding she was leaving out key information, getting dates/addresses/pension details etc wrong when left to her own devices.When we got the questionnaire back from the applicants solicitor it was asking for information we had already provided to our solicitor (along with the paperwork), making us look incompetent.

She has advised us that we do not need a statement of issues and the docs we received from the cour say that we do.

She is not aware we are looking to change solicitors or file the documents ourselves as it is something we have discussed in length between ourselves since discovering on Friday evening that the documents have not been filed yet.

We went through my divorce 2 years ago and I have all the documentation from that so we are using that alongside wikivorce to steer us, it seems to be working better than paying £210 an hour + vat to the solicitor.

First appointment says 1 hour but how can we negotiate without disclosure of pensions from applicant?

Many thanks

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04 Jun 12 #335010 by dukey
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Did the court ask for a statement of issues?, if so one just be filed and served, it tends to be the most important document, without it the judge is blind to the big issues as it were.

Both sides must provide full disclosure, its not optional its a requirement.

Its at FDA the judge will order the needed disclosure and add a penal notice if that is what it takes, after all that is the idea of having FDA.

Personally i would shy away from counsel with liquid assets at 125k, in fact i would be doing it DIY style, the cost just don`t add up, how experienced is your solicitor?, i dealt with one solicitor who would not confirm water was wet without asking a barrister first!.

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04 Jun 12 #335017 by veryfrustrated
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Not certain if the court has requested one as we don''t seem to be getting copies of all correspondence.

All we know is everything we have read online says it is a requirement and the applicant has filed one. OH solicitor said ''i don''t know why they have filed that, you don''t normally file one until after the hearing''...but what is the point of that? surely its too late then. She simply plans to file a Chronology, Questionnaire and Schedule of assets (form E''s already filed).

It looks as though we are best to file a statement of issues as it seems we won''t have a chance to raise them later if not and we want to be on an even footing with the judge.

We thought the solicitor was experienced but are now wondering, if she is then she must have an axe to grind as we deffinately feel OH is being fed to the lions!

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04 Jun 12 #335020 by dukey
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Standard in the initial court letter is for both to file a statement of apparent issues, or in some cases a section 25 statement.

The questionnaire is simply questions, the respondent has failed to provide a P60.

A statement of issues deals with stumbling blocks, so it could be the respondent is seeking an order of sale for the marital home but the Petitioner feels this inappropriate given the age and disability of our daughter, the marital home being specifically adapted for our daughters needs.

See the difference?, one is lack of disclosure the other an explanation of the dispute.

Judges are always short on time, some judges are reading the file while your being taken in at FDA, the more help you can give the judge the better.

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