A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Mon/Fri 9am-6pm       Sat/Sun 2pm-6pm
Call for FREE expert advice & service info


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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Her Solicitor has dropped off big style

  • esox11
  • esox11's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
18 Mar 12 #318767 by esox11
Topic started by esox11
Got a call from my Sol saying her sol had been in touch with him as she had made a rather large error on the Petition.
She had forgotten to add the arrangements for children section. She now wants to add it but as the Petition has been served they need to do some ducking and diving to make it work. mY s2bx Sol was asking for my Sol''s help in getting around re-petitioning!

Now...
1. My sol thinks it wont work and the judge will throw it out and say start again... but he is willing to give it a go. I dont want to see my S2BX having to pay again and worse it dragging on so said fine.
2. Additional costs will be incurred by me because of this as my sol is writing letters and calling me etc etc.

Can i claim those costs back against her sol?
Can she refuse to pay her sol as they have dropped of big time?
Is adding the Arrangements for children into the petition after it has been served and lodged with the court feasible? Possible?

Any help welcome.
Thanks

E

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
18 Mar 12 #318771 by dukey
Reply from dukey
Why did the solicitor not forward the arrangements to court as soon as the mistake was realised, seems odd they would contact your solicitor, they can do nothing to help.

The judge will almost certainly send it back, the application fee does not need to be paid again so whats the worry, i don`t even think the amendment fee would be required.

To answer your second question, no you can`t claim costs, actually your solicitor does not need to reply at all, bar professional courtesy, its sounds like your stbx`s solicitor is a bit green.

  • esox11
  • esox11's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
18 Mar 12 #318775 by esox11
Reply from esox11
Ta Dukey,
Not as green as me in this regard so that sort of information is welcomed.

thanks

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
18 Mar 12 #318777 by dukey
Reply from dukey
I agree as lay people why would we know anything about this, for this reason we pay solicitors and pay them well, but for a solicitor this is crayon stuff.

All you really need to know is that this is not a big problem and is easily resolved.

Your ex`s solicitor cannot charge for their mistakes, solicitor gets it wrong solicitor putts it right at their cost, not your ex`s.

  • esox11
  • esox11's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
18 Mar 12 #318821 by esox11
Reply from esox11
Thanks.
I need to be more patient I think... let things run their course.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11