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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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Can solicitor hold original papers handed to them?

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05 Mar 08 #15872 by peteringout
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Hi all,

Earlier in the year as part of a full financial declaration I sought copies of a number of savings and endowment policies that my wifes layer had requested to see. He advised my wifr that these had to be the original documents. I wrote to the respective companies with whom the plans are held and got up to date statments and between 8th & 22nd January 2008, sent the lawyer 9 of these original documents plus a couple of others, pay slip, mortgage redemption statement, etc. Each time I sent them I requested their return. Such a request was never acknowledged nor acted upon ny the lawyer. I have now written to him on 7 occasions requesting their return as thay are as I see it the personal property of my wife and myself, still not returned. Indeed my wife has called by the office on two occasions and requested the same, still nothing.

I also informed the lawyer that a lawyer from whom I was seeking advice from wanted to see these papers. Yet he has still refused to provide them. I asked him to seek instruction from my wife to to provide a draft 'minute of agreement' (I am in Scotland) before I met with my lawyer so as that I could seek advice on the content of that. Again, he did not provide that. Wife is equally frustrated. She called by the office on Friday last week and requested to speak to him, they said they would be in touch. To date, nothing. I had stated explicitly as far back as the 11th January waht I would agree to in the separation, wife was also clear on this too, yet lawyer continues to draw things out. Is this common or unusual?

Anyone got advice as to what I can do to get the lawyer to return these papers? I continue to represent myself though did seek some legal advice.

Peter

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06 Mar 08 #16058 by peteringout
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Sorry for adding to my own posting but does anyone know what it I could or should do with regards to this?

Peter

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13 Mar 08 #16657 by familylawyer
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I'm a solicitor in England & Wales so can't comment on the Scottish system, but you may wish to try contacting the Law Society of Scotland to see if they can assist.

The behaviour of your wife's solicitors sounds unprofessional to say the least.

www.lawscot.org.uk/Public_Information/Co...Scottish_solicitors/

In England it is difficult to make a complaint against a solicitor where you are not the client, but I suspect the position is different in Scotland from a brief look at their website, although unfortuantely the link on that website to a file called "Third Party Complaints" is not working.

Good luck, I hope you manage to progress matters to conclusion.

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13 Mar 08 #16663 by Fiona
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I suspect the link doesn't work because a new Scottish Legal Complaints Commission is in the process of being setting up although it isn't operational yet. However, there is a pdf to download and as you will see you need to write, the Society investigates and reports, sol is invited to respond etc etc which can be time consuming.

I think the matter could be dealt with more quickly if your wife would make complaint to the sols client relations officer, assuming of course she is prepared to.

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13 Mar 08 #16718 by peteringout
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Thanks both,

I have found a complaint (helpform) form on the LSS website and done just that. Wife has dismissed lawyer as he is so slow and tardy. Ironically enough she recieved a 3 page letter (the longest peice of correspondance she has recieved to date) the following day outlining that processes such as this are complex and 'she' was being unreasonable in expecting a quicker turnaround. Unprofessional I think, they actually only had one copy of the LSS leaflet on 'what to expect when using a lawyerin Scotland' in their office and instead of ordering more or photocopying it, thay said she could read it in the waiting room and then leave it!! This is no 'one man band' firm, as they have four offices in the West of Scotland!!

Indeed, inspite of my stating explicitly what I was proposing in writing on four separate occasions and with wife in full agreement, they remained obtuse saying that they did not know what I was offering, yet never actually asked my wife. Anyway, the outcome is I sought legal advice as I became concerned by their procratination thinking it was some tactical move on their part. I was advised that I was being 'too' generous and have since revised my offer to 50:50 all the way. Wife is worse off due to inaction of her sol now. So, not being mean, but its over to her now.

Peter

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13 Mar 08 #16729 by Fiona
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Peter,

Ah, West Coast cowboys :cheer:

It worries me when you mention offering 50:50. In case you don't know in Scotland it doesn't quite work like that, you need to specify the actual amounts.

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13 Mar 08 #16737 by peteringout
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Hi Fiona,

For the purposes of brevity I stated it as 50:50 and of course, it is much more specific than that in the actual proposal.

Peter

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