Completion of divorce

[Blinkzo]

Hi first time asking for advice. So my divorce is final but solicitor still needs to apply for decree absolute however ex agreed to pay costs but as yet still hasn’t. Am I able to able to the court for the decree absolute on my own? A consent order needs to be made also which I offered to pay. These no money or assests to spilt so quite straightforward. Can I apply myself at same time? As in cut the solicitor out and leave costs for ex to pay so no more is accurred? Thanks

[MrsBertBibby]

The financial order may stretch you, but the DA application is simple. Was you divorce fixed fee? If so the DA application is paid for already.

[Blinkzo]

I was told by my solicitor the financial order cost £50 to submit and my divorce was fixed fee which the decree absolute fee is inc. my solicitor won’t apply for it as cost outstanding are around £700 which my ex agreed through his solicitor he’d pay. But still no payment made. I could be completely divorced by now as we could apply for the absolute beginning of feb this year. I just want to be divorced from him completely now as is hanging over my head and I’m worried I won’t get the absolute due to how much time has passed

[MrsBertBibby]

Ah, fixed fee but not paid up front?

We just won't do that. Full payment of £1450 in the bank or we won't draft the Petition. It's dirt cheap, considering hourly rates, so we won't take a punt on clients not paying.

Your solicitor needs to explain how you get the £700 out of him but you need to pay them first.

[Blinkzo]

Oh no the I’ve paid £1500 already which includes the £550 for the divorce that’s all covered. These costs have amounted over 3 years for communication etc as he’s not been the best to track down and settle on anything. I’ve tried reasoning with my solicitor but to no joy. I’m at the point where I want to call quits with them and apply on my own do you know if I can?

[MrsBertBibby]

Complain. If it's covered by costs you have paid he must do it. Complaints partner will be in your client care letter.

The other costs must be paid but he shouldn't hold your DA to ransom.

When was DN?

[Blinkzo]

That was granted December. My solicitor said she wouldn’t send off for the absolute due to the outstanding bill. I’m stuck

[MrsBertBibby]

Well you do need to pay. But to take it from here file Notice of Change to get them off the court record and lodge your own application

www.gov.uk/government/publications/form-n434-notice-of-change-of-solicitor

[Blinkzo]

Ok thank you for your help