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Any family law solicitors about please?

(4 Posts)
Afterthestorm Thu 07-Dec-17 17:10:44

I've just heard back from the court that my consent order has not yet been approved by the judge because: The draft legal charge is missing.
This has taken nearly a month to come back and I am running out of time on my mortgage offer, plus I will incur more legal costs that I really am struggling to afford.
Can anybody tell me, if it has been agreed between both parties that on divorce the jointly owned property be transferred to me with a charge out on it in my exh's favour, the draft legal charge document would be enclosed with the consent order to the court? I.e. has my solicitor caused this delay by not requesting it from my ex and enclosing it, or is this not usually the case?
My solicitor has been very disappointing throughout the whole process so I would like to know the facts before I contact her.
Many thanks.

MrsBertBibby Thu 07-Dec-17 18:01:02

One of 2 things has happened.

1. Your solicitor has agreed a draft Charge and forgot to attach if to the order when it went in

2. Your solicitor hasn't done a draft Charge, and should have amended the order template by deleting reference to a draft Charge.

Afterthestorm Thu 07-Dec-17 18:09:37

I can check with my ex but I'm pretty sure he hasn't been asked to prepare a draft charge document, neither has my solicitor drafted one. Can you tell me which would be usual to do? Or is it ok just to say the percentage of the charge but not include a draft, if the consent order is worded correctly?

I have to go out to a school play now but will check the consent order when I get back and come back to you if that's ok? Many thanks. Helen

MrsBertBibby Thu 07-Dec-17 18:18:36

Usually, the lawyer whose client has the benefit of the charge drafts it. So, his lawyer. Yours then needs to approve it.

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