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change solictitors or is this normal!

  • Sera
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19 Aug 08 #41463 by Sera
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Regardless of the status of the solicitor; even if you did have a Senior Partner; it all comes down to what your ex agrees!

Solicitors can only advise a likely outcome; (more the job of a barrister actually) but bottom line: it comes down to your ex to offer; and you to accept.

I had a senior partner (at £235 per hour) I ran out of funds to fight on with; and I'm self-repping. Judge then said my sol didn't know his court, his rulings etc; and suggested I use a local firm. He also instructed my ex to lend me £10k to argue this with barristers at mediation.

We're a YEAR on, but until either you and ex agree; the price you pay for a sol does not make a bit of difference.

Paul McCartney had the best-of-the-best at thousands per day; and still they ended up in court; against a self-repper.

  • Lady in Blue
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19 Aug 08 #41468 by Lady in Blue
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i thought the whole point of going through the courts was for the judge to rule what is a fair outcome!

What is the point of him intructing your ex to loan you 10k (which you'll have to pay back)to go to mediation and if you still don't agree, then the judge will decide but you would have saved on solicitors costs etc. by self repping?

  • Sera
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19 Aug 08 #41471 by Sera
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I had another thread on this matter: The judge asked why I was self-repping; I said I had run out of funds. (Having paid out Occupation Order proceedings and personal expenses I'm already £20k down) Having worked with ex (un-paid) for two years; I don't have the money. Monies I did have prior to marriage; have been swallowed up in to marriage and house...

...therefore judge was trying to help me. (Which I appreciate) Courts try and get matters dealt with away from their busy courtrooms.

My fear is the matter will not be sorted at the suggested round-table discussion, and we'll end up in court anyway.

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19 Aug 08 #41475 by Lady in Blue
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Exactly my point Sera. You'll end up self repping and still have to pay back the 10K or whatever you've paid out from it.

What a system this is!!

  • Sera
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19 Aug 08 #41479 by Sera
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It's GAMBLING (!) That's what it is!

We have both been warned about the costs of arguing outweighing the settlement. However; the one sitting on all the money (ex) is obviously going to make it as difficult as possible for me to get my fair share.

My sols said from the outset that the Courts would look at profits brought in to the marriage; my financial status before, and my contribution. And despite my name not being on the Deed; they also secured matrimonial home Rights.

Ex however; was not informed of my rights by his £200 (plus vat) per hour solicitors; and not told I had a right to any claim.

He's spent more than £15k and still no First Appointment, only to learn what I knew more than a year ago. It's not up to a solicitor, it's up to your ex.

  • dawn1
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20 Aug 08 #41786 by dawn1
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as he is earning so much more than you, you can go to court and seek a spousal maintenance order which will help you financially.
as regards him offering you 40% of the car and house this is definately not on, i would ask him for a list of his assets including his pension, as you are entitled to 50% of joint assets, personally i would tell him that after seeking advice you will need the list of assets and liabilities before you make a decision and when you get it then tell him you want 50%.
kind regards
dawn

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