Solicitor won’t agree

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In brief I have agreed a financial settlement with DH as the solicitors were dragging their feet but charging for every little thing . I know what he earns and what his pension is I know that the split is about 60/40 in his favour . I’m happy with this as I want out quickly . Solicitor won’t agree it and wants to do form E and go to court !!! How can we just bring it to an end on our terms . DH is already transferring the monies across as solicitors are taking forever . What can we do ?

Your Solicitor acts on your instructions and if he doesnt then give him clear written instructions.

If he still doesnt

https://www.lawsociety.org.uk/public/for-public-visitors/using-a-solicitor/complain-about-a-solicitor

@JohnofWessex i have already advised this is what we are doing but they have just come back today and said “as you know I don’t agree - I think the judge won’t be happy either we now have all the forms to send it all to court “ (not form E) she is referring to pension split info etc . She says this is a required part of the divorce and even if we agree the judge has the final say . Is this true ? If not what legal term/ words can we use to just say advise when divorce is completed but pls send final invoice (btw ive said these words )

I've had this which is why I still haven't got a consent order. I don't want to pay thousands for pension forecasts when we agree!

Yes, what your solicitor is saying is true. The financial consent order has to be drafted and sent to the court for approval. If the judge thinks it is unfair, they can query it.

If you need a pension to be divided between you, the court issues a pension sharing order which the pension fund will require.

If the Judge COULD query it, the obvious question for your Solicitor is why?

I know, from watching my married friends who split up, that they just wanted it over. They were hurt and didn't want to prolong the agony. They also felt that are the lower earners they didn't deserve as much. And one higher earner thought they didn't want to leave their ex skint so gave up more for them.

However all of them were ripped off by greedy manipulative partners.

They thought they were being generous and it made them feel good for some strange reason. Like martyrs. But they regret it now.

So I imagine that your solicitor is genuinely trying to help you to help yourself to what you are entitled to.

Are you being treated fairly by your ex? Perhaps that's the details you need to post here and see what mumsnetters say?

@Elieza thanks for feedback . He definitely is trying to get the better deal that is very clear but the only people winning at the moment are the solicitors . Neither of us want to wait another year for a form E we need to get on with our lives . Despite him getting the better end of the deal I’m ok with it - I’m happy with my share/ cut . Every time I try to end it with the solicitor they send another one to DH’s solicitor stating they are not happy and then we all get charged again !!! It’s ridiculous , do I have to pay to go to court also ??

If the judge feels it is unfair then yes he can refuse the financial order.

Ours was refused once and we had to redraft and resubmit,

It isn't enough for the two of you to agree. The judge also has to agree and they will want to know why it is uneven.

Sorry your solicitors are taking the piss. If they get to take you to court they stand to make thousands. Either be clear in your instruction (preferably via email so you have a record) or change solicitors. Yes the judge has to agree but why not put your offer in front of them.

Form E is something you complete yourself. You don't necessarily have to complete it but your solicitor probably wants you to so they have the information required to complete form D81 which sets out your respective financial positions to the court.

If you and your ex agree a position and one of your solicitors drafts the consent order on that basis, it is sent to court for approval.

Will you be able to be financially independent with the agreed split or will you be reliant on means tested benefits, I.e. will taxpayers be subsidising you to the benefit of your DH and possibly you too if it makes him more inclined to pick up additional expenses, say for children, down the line.

You will incur even more legal fees if you present a blatantly unfair draft financial order to the court and it isn't signed off. This is what your solicitor is advising you against and they are right to say this is a risk.

A judge will - and often does- refuse to approve a settlement if they think it is unfair on one party.

You don’t need form e if you agree between yourselves and not asking for court ordered determination

a judge could refuse if it if they deem it materially imbalanced

if it’s slightly imbalanced but you can justify it and both agree it, both have had independent legal advice, usually it would be agreed

you give the instructions to your solicitor how you wish to proceed

Thanks everyone . So what happens if ——- We have both been explicit that we are not doing form E . We have both agreed a settlement that my sokicitor is unhappy with . This settlement has now been paid to me despite the solicitors so I can buy a house as myself and DH have made the bank transfer between ourselves - (the pension is still with the Sol )

if we have already acted on things as mentioned above and then the judge disagrees , could it just be a case of DH having to give a bigger split ? Simple as that or not ?? It’s so flipping confusing and lengthy .

I have bought a house now and will be paying in days . 🤷🏼‍♀️

Hi.

I sympathise.

I decided to have a tiny bit more equity from house sale, he kept his pension, my choice. We ended up in court, judge did eventually sign off but it was very touch and go.

We had signed orders previously and I had already purchased a new home.

its not up to your solicitor to agree it not
if a judge questions usyally with a few clarifications and explanations from both of you combined with the demonstration that you’ve both had independent legal advice and neither is agreeing under coercion or distress it will get approved

if it’s 90:10 and can’t do the above a judge could refute it and you’d need to revise it for it to get through

if it’s 60:40 and your solicitor thinks it should be more 65:35 or whatever a judge is unlikely to question

If you have already agreed between yourselves and a judge disagrees there are a number of options:

1 be divorced but with no financial order. This means that in future one of you could decide to go to court for a financial order at any time and the judge might order that you have to pay him more money or vice versa. If a judge actually orders it you do need to do it.

2 redo the financial order so it is fair. Sounds like this is an unfair settlement which the solicitors are flagging as not acceptable to the judicial system. You say there is a 60:40 split. If it is redone to be 50:50 it will pass. If you can give sound reasons why it is 60:40 it might pass. Then you KNOW that the other person cannot come back to court years or even decades down the line and litigate for money to be taken away from you.

My financial order was refused twice by a judge, who was never quite clear what he objected to. Things were complicated as my ex lived abroad. So, after 5 years and nearly £10,000 we just decided to do without a financial order and go with the agreement we had reached voluntarily.

I had an uneven split, my solicitor didn't quite agree but carried out my instructions. We both had decent amounts out of it and judge didn't bat an eyelid all went through fine.
If you have both got enough to live and make a home etc it won't get overturned. The solicitor is protecting themselves in case you come back and complain that you didn't get a fair settlement. So just put in writing that you agree with the settlement t that you and ex have come to and you are now instructing them to submit papers

This. Judges can and do refuse to sign off unbalanced finances. What's wrong with 50/50, why does stbxh have to have 60 percent? If you are just going along with it to get divorce over the line I think you will regret accepting 40 percent down the line. Anyway the judge might not let you.

In my case, my ex was apparently giving me too much! He lived in a country where the cost of living was very much lower than here but was paid an " international" salary so he was quite happy he could live very comfortably on the amount he had left, the judge was worried that he would struggle if he returned to England ( I got the house, over 50% of his salary until the children left university ( they were 6 and 8 when we started) and 30% of his pension. ) He was quite happy and never did return to live here!

@spanieleyes surprised that ever got signed off! Totally unbalanced

It didn't!
It got to the point when we both thought " sod this" . I had moved away from the previous court area so just re- applied for a divorce without any financial order and my ex paid out what we had agreed!

@spanieleyes this is where we are - ex has now paid me the money part of the settlement and I’ve bought a house . Wev agreed child maintainance which he’s paying and the pension . I’m happy . 60/40 is fine . To make this simpler would we need to retract the divorce application from the courts ? And sit on it for a while ? Ah but then we can’t coz solicitor said she has to sort pension !!! Aaaah it’s driving me mad and costing a fortune