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Previously used solicitor?

  • Tangosr
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18 Jan 19 #505770 by Tangosr
Topic started by Tangosr
I'm just wondering if anyone can help. I've been separated from my husband for 5 years, after 21 years of marriage. We'd split up before for 6 months, and during that time I started proceedings with a solicitor to divorce my husband. It was pretty messy at the time, I had an injunction against him etc. We ended up going to mediation and reconciling. After 4 years of trying again, I just couldn't anymore and left.
Now 5 years later, separated but not divorced, I've received a letter from a solicitor to say he wants to start divorce proceedings. I don't have a problem with this, but I've realised he's using the same solicitor I used to try and divorce him?! Is this classed as a conflict of interest?...They still have my original marriage certificate in there archives?

Thanks

  • hadenoughnow
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19 Jan 19 #505772 by hadenoughnow
Reply from hadenoughnow
Welcome to wikivorce but sorry you find yourself here.

I think it would make sense to alert the solicitor to the situation so they can decide if there is any problem.

Hadenoughnow

  • .Charles
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21 Jan 19 #505784 by .Charles
Reply from .Charles
Due to the passage of time it might be the case that there is no conflict of interested. However, given that the firm will have to access the marriage certificate which is likely to be held with your notes, it seems unlikely that a conflict won't arise.

Unfortunately the correct course of action is for the solicitor to decline to act for you both and to return the papers held to the rightful owners.

In case someone decides to be creative, there is no question at all that the solicitor can agree to act for your spouse and use the marriage certificate from your file to advance his divorce petition - that's the sort of cowboy behaviour I would expect from a less conscientious firm.

Charles

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