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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.

Solicitor manipulation?

9 replies

Andrea1245 · 19/05/2024 08:05

I’m acting as a litigant in person and when exchanging any statements etc, my ex partners solicitor tells me that as a litigant in person that I have to send my statement first as that’s the rules..and then they will send theirs.. is this true?

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Whatatodo79 · 20/05/2024 04:18

Well someone has to go first!
why don't you use a solicitor?

Catopia · 20/05/2024 06:10

Usually the applicant will go first unless the respondent is making allegations of domestic abuse etc, in which case it can make sense for them to go first.

The previous court orders should contain the dates when each of you need to send your statements to the court and to each other.

Familylawso1icitor · 20/05/2024 06:17

If its mutual exchange then if the solicitor says they’ll send their client’s document as soon as you’ve sent yours then they have a professional obligation to do so. If they sent their client’s on the promise you’ll send yours afterwards you have no professional obligation to send yours and could in theory see their client’s evidence without disclosing yours. Just make sure you get their promise to send the document by return as soon as yours is received.
How has this been a problem?

Andrea1245 · 20/05/2024 14:25

@Familylawso1icitor Thank you that makes sense. Acting as a litigant in person I am aware they can exploit my limited knowledge of the law although I am learning lots. I am up to the next stage which is responses to the non- molestation orders made. I imagine they’ll want me to send mine first again which is fine then based on your rational explanation. I am trying to find a template somewhere online… Mine was the first non mol and then he has now done one now also. These were the ones that were exchanged. I had been through this process with a solicitor previously but it’s gone to a full hearing now so I’m going alone as reached my £10,000 budget unfortunately. Thank you so much

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Andrea1245 · 20/05/2024 14:27

@Whatatodo79 I guess so, I was just checking it was correct. I had used one but my budget was £10,000 and I’ve reached that and now refuse to be in debt for I believe he’s trying to financially exploit me now in retaliation for disclosing the abuse.

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Andrea1245 · 20/05/2024 14:29

@Catopia Thank you. We are both applicants and respondents now. It’s an awful situation and I feel for anyone who is truly the victim of DV and the perpetrator manipulates and tries to demonstrate he’s the victim

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Andrea1245 · 20/05/2024 14:30

If anyone can help recommend where I can access a template for how the responses to the non mol accusations should be set out I would appreciate the help and what else can be included. Etc

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Mumof3confused · 21/05/2024 09:30

Agree a time of mutual exchange ie 4pm on Wednesday and then you both send at that time.

You need to set out a statement responding to the accusations and your evidence (if you have any) would be added as an appendix.

Andrea1245 · 21/05/2024 15:28

@Mumof3confused Thank you, so the same format as my application for a non mol against him? Numbered paragraphs, title sheet for each appendix page?

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