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solicitor pushing for divorce

  • beckster2
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10 Sep 07 #3136 by beckster2
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I went to see a solicitor to discuss my initial breakup from my husband. We had an idea about how we wanted the split to be done financially.

My husband has been making all of the mortgage interest payments and giving me maintenance (slightly less than the CSA would award me).

As I was a stay-at-home mum (at husband's request) when he left I rushed out and got two jobs but as they are part time I am entitled to Legal Aid.

On my first visit the solicitor pushed the forms in front of me and got me to sign them (it was days after hy husband had left and I was quite shell shocked and signed them). My solicitor has been pushing for me to divorce my husband for adultery. I'm not ready for divorce but everytime he contacts me he pushes me again and again. How would this benefit him?

Becky:unsure:

  • wscowell
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12 Sep 07 #3265 by wscowell
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Whoa, steady on! There are still too many solicitors out there doing family work who do not recognise the difference between family work and other litigation. Family breakdown is enormously stressful and the cost to the parties (all - especially the children) is emotional, not just financial. The dinosaurs still regard clients as punters to put through the mangle, like shelling peas.

Golden Rule: "The solicitor advises, the client instructs". Your solicitor does what you tell him/her to. If you are dissatisfied with what is being done, ask awkward questions. If you don't like the answers, go to the Head of Department. Or change firms if you feel you can't trust them to do the right things for the right reasons. Put your foot down!

Good luck.

Willl C

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12 Sep 07 #3266 by beckster2
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so is what he's doing unethical - he's asked me 3 times now?

He keeps telling me he cannot get full legal aid funding unless we go ahead with the divorce.

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12 Sep 07 #3273 by wscowell
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Subtle difference there. You get public funding on a reduced scale initially which enables you to file a divorce petition but you can't do anything more substantial like applying for maintenance etc orders without a full public funding certificate. You can't apply for one of those until you have a divorce under way. So as long as you are "just seeking initial advice" you don't need a full PFC but filing the Petition is the "passport" as it were to full funding for more work later. HTH

Will C

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12 Sep 07 #3275 by beckster2
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as clear as mud luv - only joking!!

thanks for the help:)

Becky

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