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Legal matters

Legal Aid/Divorce - Can my Friend Change Solicitor

4 replies

Octopus37 · 23/08/2012 19:38

My friend has filed for divorce and is waiting for her husband to receive the petition. He knows about it and is already saying that he isn't going to sign it and that he is going to contest it, even though the way she understands it, it is very expensive to contest. She has already been advised that she will need to go to Court and get an application for the Court to serve the divorce petition against him if he refuses to sign. The first problem is that she doesn't have much confidence in her Solicitor and she is wondering under legal aid whether she is able to switch Solicitor. Secondly her husband is in the process of arraninging an IVA, she is refusing to sign the forms mainly because she doesn't know where she stands legally, i.e. if she signs the forms will they be unable to sell the house they both live in (mortgage in joint names). Basically, she wants to move things along and wishes to apply for housing/housing benefit herself and knows she is not eligible for housing whilst part owning a property, basically it is a catch 22 as she knows that legally it would put her in a very bad position at the moment to move out of the property. Also, she needs to organise financial mediation (her husband is irrarational and v difficult to say the least, is being quite abusive about her refusal to sign forms and needs to know that right steps. Any advice would be greatly appreciated.
Thanks

OP posts:
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Collaborate · 24/08/2012 09:19

She won't find a solicitor willing to take on the trsansfer of a legal aid case at that stage, IME.

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Trazzletoes · 26/08/2012 06:13

The problem is that, on Legal Aid, the Solicitor gets a fixed fee for the work they do. 2 different solicitors cannot both make a claim in respect of the same case normally so it makes it very hard nigh on impossible to change solicitors.

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Trazzletoes · 26/08/2012 06:14

Why doesnt she have much confidence in her Solicitor?

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mumblechum1 · 26/08/2012 08:41

Depending on the size of the firm, perhaps she could change to a different solicitor within the firm?

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