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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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Solicitor problems

  • BlueSky64
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03 Mar 16 #475008 by BlueSky64
Topic started by BlueSky64
Hello can anyone recommend how I go about complaining to a solicitor.

I saw him in Mid August to start divorce proceedings. A marriage certificate had to be obtained from Vegas. I was told in September that they had the certificate and papers had been submitted. I chased up the courts in December only to be told they had no record of it.

Phoned solicitor and was told it must have been lost and they would re-submit.

January phoned courts and they had no record and confirmed they were working on a two week turn around but we''re doing it much faster.

Contacted solicitor again and was told he would personally lodge papers with court. I phoned courts a few days ago and surprise surprise they have no record.

Emailed solicitor no response.

Six months and papers have not been submitted.

What should I do, I was on a fixed fee deal that was paid back in August.

Advice appreciated.

  • rubytuesday
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04 Mar 16 #475009 by rubytuesday
Reply from rubytuesday
If you are using a firm of solicitors, then the next step should be a complaint to either the senior partner or practice manager. If you are using an online service, then the next step should be to contact their client support department and raise the issues with them. Set out the issues clearly and what resolution you are expecting and in what time frame. You could either ask for a refund and the return of your documents so that you can submit them yourself, or use an alternative service. Ultimately, if there is no satisfactory conclusion, you can also contact the SRA.

  • kj40
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04 Mar 16 #475026 by kj40
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You need to complain in writing (keep a copy!)and send a £10 cheque for a data subject access request. This will prompt some quick action on their part- they won''t like you have access to your file if they have been lazy!! They have 40 days to respond to your DSAR, but should respond to your complaint earlier than that.

Once they have investigated your complaint- they should give you your Legal Ombudsman rights- rather than SRA. SRA won''t usually deal with complaints themselves when LeO deals with it from a complaints perspective. They would only get involved if say the firm was negligent as a company rather than a specific solicitor.

LeO (Legal Ombudsman) won''t be bothered about how much you paid for the service- what they will look at is whether the service was reasonable- they too will ask for a copy of the history of your file and for evidence of whether things were lodged at court.

Hope this helps. (I used to deal with FOS and LeO complaints at my firm)

  • BlueSky64
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05 Mar 16 #475077 by BlueSky64
Reply from BlueSky64
Thanks for replys I put suggestions into action.

Finally the solicitor listened to what I was saying and chased things up, as it happens the fault was at the court. Someone had stuck the paperwork in the wrong pile.

thanks to cost cutting and having only a few places that deal with divorce the system is failing which will of course ended up costing twice as much as it did before. The joys of progress and pen pushers running the country.

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