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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Weak solicitors.

11 replies

Yellowshirt · 19/02/2020 19:47

Has anyone had trouble with solicitors not fighting to get the best deal for You?
Equity being about £5000 less than is reasonably fair, the family car being valued less than the figure we originally agreed, the house assets including furniture and jewellery being ignored and the other person not disclosing there pension which is an asset as the ex is a highly paid teacher of 14 years.
I've asked my solicitor time and time again to stop negotiations until everything is included but she just will not listen and just wants me to accept a very low figure.
I feel like I'm banging my head against a brick wall.
I've already suffered financial abuse of about £20000 And domestic abuse. I've also been told to pay her divorce costs of £2000 as the court agreed we were divorcing due to my unreasonable behaviour not the affair the ex had with a work colleague.

OP posts:
Meeeh · 19/02/2020 20:13

Yes. In hindsight I could have saved a packet and just used my barrister for the final hurdle

Techway · 19/02/2020 20:29

Are pensions likely to be equitable? What is the rest adding up to? Take a view based on the percentage of the total assets CS disputed figures. The solicitor might be looking to get a deal done as if it's 10k in total dispute you will waste more discussing it. Divorce isn't fair or equitable. I am not sure anyone walks away thinking they have a good deal..everyone is worse off.

Court is likely to cost 20k each so avoid that if possible.

millymollymoomoo · 19/02/2020 20:30

You can swap solicitors

Yellowshirt · 19/02/2020 21:19

The equity in the house is approximately £48000 before any charges. The car is £1000 less in value . Obviously the furniture and jewellery is just pure estimate but generally most normal working households would you say estimate it at £8000 being reasonable? Then the pension for a teacher of 14 years Is worth a bit but despite asking for this to be discussed the ex is refusing.

I've been offered £16000 after all charges to her solicitor but I still have to pay my solicitor yet. I just see this as an extremely low offer and I still have debts to pay but my solicitor just won't stand up and fight. It seems to me because my solicitor has been weak from the start the exes solicitor is taking advantage..

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Meeeh · 20/02/2020 13:26

Any kids?! What’s the onward living arrangements?
Financial abuse?
What’s your own pension and earnings like compared to hers?

Sorry about the questions - trying to get a full picture as the numbers you listed are low in comparison to solicitors fees if you went to court

Yellowshirt · 20/02/2020 19:55

One 14 year old daughter. She will live full time with my ex.

My ex took my cash card and over a period ran up an overdraft of £7000. Ex had full financial control but once credit cards were maxed out and not paid back along with loans in my name I've ended up with 3 ccjs.
The debts will be paid off in 2 years. They are under control.

Halifax bank have given me the statements which show I had no control of my account but say I can't claim back the massive charges as it is past the period in which you can claim.
Ex earns £57000 I earn 32000.

I have a standard government pension which is 3 years old.

OP posts:
Meeeh · 20/02/2020 20:55

What do you mean a “government pension which is three years old”? Does that mean you’ve been claiming a state pension for 3 years (which would make you aged in your late 60s) or do you only have three years of pension saved up, working for the government?

How can you overspend 7000k on a cash card? Why did you not have control of your accounts?

This is a clusterfuck and I am struggling with understanding what’s gone on here BUT if you are not divorced yet and you can price she spent the money then your joint debt is part of the evaluation of who gets what? Frankly I am surprised the house hasn’t been repossessed yet.

Techway · 21/02/2020 09:13

Your ages are relevant here as if you only have 3 years of a pension then her pension should be in the pot.

I would let car value, furniture etc. dispute go as it doesn't seem worth fighting over. Do you want any items from the house as that might be worth asking and help to redress the balance.

Equity is 48k and her pension should have a fairer split, even if she will be responsible for housing your daughter the majority of the time.

If you solicitor won't request her pension details then I think you do need to change solicitors. A judge would look to see equality over finances before signing off any agreement so it risks being bounced back anyway.

The split in assets needs to be worked out to a percentage and no reason why it should alter much from 50:50 as you seem to be the weaker financial partner.

What will you do for housing? Are you looking to buy?

Tulipan · 21/02/2020 09:22

The pension could easily be worth 200k, it's also sometimes worth paying extra once the initial valuation is back on it to have an actuarial report on it. All this is up to you to push for. Change solicitor? Do parts of it yourself? Wrt the grounds for divorce, I am guessing she filed first?

Yellowshirt · 21/02/2020 17:57

I'm 38. My pension is a standard pension through work.

I had no choice but to give her full control of my account and wages. I trusted her 100 % . She was my wife. I wasn'tto no she was actually abusing me. I no I sound stupid but I was just in love and trusted my wife.

I'm currently in rented but I wouldn't be able to get another mortgage because of my financial history.

My bank statements show I had absolutely zero access to it. She was transferring money from my account to hers do she never went over drawn and my overdraft grew.

OP posts:
Yellowshirt · 21/02/2020 18:03

Yes she did file for divorce only after promising me if I waited six months so I didn't file divorce due to adultry she would cover the divorce costs.

She is a teacher and the affair was with a work colleague and also it was a friends partner.

She did miss mortgage payments and council tax and the courts then took the money straight from my wages after contacting work.

You need to understand I worked away all week so it was easy to hide everything like warning letters

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