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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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solicitors

  • newtricks
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27 Jun 12 #339584 by newtricks
Topic started by newtricks
my divorce went through the courts to final hearing. my ex husbands solicitor sent his financial information at 17.00 hours the night before we were due in court. i thought there were rules about disclosure.
My solicitor was rubbish. He included in the bundle a letter that said what the judge at the FDR recommended. The FH had to be a FDR. i could have had another final hearing but the stress of this one had been too much. to face another - i couldnt do it.
i dont think i did well at the final hearing with the benefit of hindsight I should have gone for a 2nd final hearing. i found out much later that we had no income information for my ex. how could my solicitor and barrister not make this known to the judge? Also not all his bank accounts were disclosed. Although dated end of May the statement transactions stopped at the end of April.
i am so annoyed at my solicitor/barrister i lost out financially because of them.

Is there anything i can do? i would sue the solicitor if i had enough money.

edited to delete identifying details of solicitor - Teamwiki


newtricks

  • jonathancj
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28 Jun 12 #339694 by jonathancj
Reply from jonathancj
You could possibly sue your solicitor for negligence. It depends how long ago all this took place. It is pretty basic to remove any mention of the FDR from the trial bundle - that shouldn''t have happened. What you would have to show, though, is that you would probably have done better if this mistake had not been made. You would need specific advice from a solicitor on this. Why not check your household insurance and credit cards to see if you have any legal expenses insurance? This wouldn''t cover divorce proceedings but might well cover a professional negligence claim.

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