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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.

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Can i Email my wifes solicitor direct?

  • bikemad650
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17 Sep 12 #356258 by bikemad650
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Hi, My stbx wife has apointed a family friend of ours (her husband is also my supervisor)as her solicitor. She told my wife she suspected i was hiding money. I emailed her direct to her work email to ask her not to accuse me as it is hurtful and to explane it was my solicitors fault she didnt have the information require and she should contact my solicitor for this information,( i was trying to save money by not getting my solicitor to reply)my sol told me it was inappropiate and i should go through her. I want to keep my costs to a minimum. Why is it i cannot contact her, seems silly me emailing my sol, her replying on my behalf and charging me for it.Also she has asked for an explanation as to what i have spent money on over a 4 mth period which some of it was when i was still with my wife !! why would i have to explane?? some of it was spent setting up a new home ect and furnishings.£4500 i have given to the wife for half mortgage and maintenance etc.Bills, i have disclosed 12 mth of statements so she can see exactly where it has gone, i have disclosed my total monthly outgoings as £2600pcm.its surely obvious i would have 2 mths rent to pay etc.and furnish my property. I have let my wife have everything in the house and i have taken nothing.do i have to explane as i have disclosed everything.

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17 Sep 12 #356277 by dukey
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If you have a solicitor and then correspond with your wifes solicitor you are to some extent pulling the rug from under your solicitor.

What you can do is agree with your solicitor to deal with low level enquirers, but it does need to be by agreement.

If the other side are suggesting your dissipating cash that needs to be left to the solicitor, lots can go wrong here, worst case you could find all your accounts frozen, your solicitor will know the possibility''s and you will be just guessing.

  • .Charles
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17 Sep 12 #356290 by .Charles
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In the SRA manual, the guidance says that a solicitor must not communicate with a person who has legal representation.

As communication works both ways, a solicitor cannot send *or receive* communications from a represented party hence the need to communicate through their solicitor.

If you are going to instruct a solicitor to represent you, they either do or they don''t - there is no half-way house.

There is an alternative, often referred to as ''ad hoc advice'' where you communicate with the other side yourself and seek advice from a solicitor whenever required. This way, your solicitor in not ''on the record'' and you remain a litigant in person.

Charles

Reference:

O (11.4)ensuring that you do not communicate with another party when you are aware that the other party has retained a lawyer in a matter, except:

(a) to request the name and address of the other party''s lawyer; or

(b) the other party''s lawyer consents to you communicating with the client; or

(c) where there are exceptional circumstances;

www.sra.org.uk/solicitors/handbook/code/content.page

  • Elphie
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17 Sep 12 #356301 by Elphie
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From a personal perspective, there were a couple of times I was upset by what my stbx / his solisitors had said in their letters and I wanted to reply to them directly myself, once even drafting up a letter myself that I asked my solisitor to send or I''d send it myself. With hindsight, I''m by glad I followed her advise and let her deal with matters in her own words, as she took the heat out of my anger, diffusing the situation and probably saved me money as what I wanted to write would have sparked more to-ing and fro-ing between the solisitors and costing more time and money, unnecessarily.

I''m probably a solisitors worse nightmare :blush:But my solisitor has been great so far.

Also, with regards to asking you about transactions made when you we''re still together it isn''t unheard of for people to start squirrelling money away while still together, but planning on divorce without the other party''s knowledge. I''m not sure if "she" means your solisitor or your wife,s solisitor was asking, but if your own I''d imagine it is because she doesn''t want any nasty / embarrassing surprises in court, and that she can only advise you if she knows all the facts. Again, my solisitor has asked about some large transactions I made before we separated.

  • bikemad650
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17 Sep 12 #356348 by bikemad650
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thank you all for your advice, much appreciated x

  • revenge
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18 Sep 12 #356572 by revenge
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I believe my husband has been disapating money, by paying ow expenses from business account which he started paying her 3 months after he left me. Also the amount of luxury holidays and weekends away, and shopping he''s done since he left. I have received bank and credit card statements from him via sols, but there was no statements showing his earnings or any from the business account. He has never spent this amount of money in our marriage only since he left,

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