URGENT - If I do a Simplified Divorce & Min of Ag is wrong do I have redress?

[StripeyChina]

I'm Divorcing (in Scotland)
I've had a lot of problems with my Lawyer. Made a formal complaint.
Will escalate to Law Soc & Ombudsman in due course if needed.

Minute of Agreement was signed & sent to Registers last November
(contained details of pension share, house division etc)
Lawyers have now advised ME to arrange a Simplified Divorce & send that & a copy of the Min Ag to the Pension firm involved (turns out they didn't send them a copy last November which surely they should have done???)

OR they can do that for an 'extra' £500.
I would prefer to do it myself (not only re £ but they've been so utterly useless I literally don't trust them not to cock it up at this point)

IF I do the Simplified Divorce & it turns out they have messed up the Pension arrangements in the Min Ag too does that mean they won't have any liability???

Is there anyone who might be able to advise please?
I can't get an appt at CAB for weeks.

Hello?
I am now being charged interest re my Fee Note.
If I part pay it (ie pay the court fees but not for the firms work which I am disputing as it was neither timely nor accurate) does that mean I legally accept the whole bill?

How would the minute of agreement be wrong? It’s literally what you and your ex have agreed, so up to the both of you. (That said, in my experience, it can be both expensive and frustrating to get the lawyers to actually render what you want properly - my first lawyer, I was paying to correct her spelling errors, so I changed lawyers. In my view, Scots family law is an utter extortion racket, but that is another subject).

Did you get a CETV before the % of the pension was agreed? That would have told you the value of the pension on the date of separation and from my recollection, that is used for the settlement agreement (so it’s 50/50 usually for everything, but we left pensions out of it as they were roughly equal). I am not sure how the min of agreement would have got the pension wrong.

I would pay for what you agree has been done correctly, and put in writing what you are not happy with and in dispute about.

@Talulahalula thank you for replying.

In my case the Value of pension increased between date of separation & signing Minute of Agreement (but that was reflected in the Min of Ag)
Problem is: Draft Min Ag sent to pension providor who returned it to say needs amending as exH (to be!) has already retired.
Lawyer sent me this as an attachment & said: 'have amended wording in line 6, please approve'. I did (eldest child having a breakdown & my mind elsewhere)
We signed it last Nov & it was stamped by the Registrars etc.

I'm now concerned that exH withdrew a lump sum from the pension last year (as well as drawing his monthly amount)
Not only might this be out of the 'whole pot' but would prevent me withdrawing a lump sum when I need to (next year to pay down mortgage so don't lose house adapted for disabled kids)

Pension Co need Divorce Decree to tell me anything. Once they have that, the Min of Ag is not alterable. It's a Gordian knot.
As Lawyers have stuffed up on many other major areas I am really worried.

I am not a lawyer but in my experience, valuation is at date of separation.

Without knowing what the amendment actually says, it is difficult to know what this did or did not allow. (I don’t expect you to tell me online, so please do not put these details).

If the minute of agreement has been signed and registered at the Court of Session, it is already a legally enforceable document. I have got a financial separation but am not divorced as the child arrangements were not agreed (I don’t think we can go back and change it now, otherwise what is the point?). So i think the agreement can be enforced (although obviously that costs money) or overturned by a court if unfair (again, costs money).

It could be worth making an appointment to speak to a different solicitor to understand the position, as you can take a second opinion from your existing solicitor. Take your agreement and the amendment, plus any documentation from the pension company and ask what the position is.

If your marriage was abusive or violent, you can also access legal advice through the women’s rights centre

https://www.scottishwomensrightscentre.org.uk/

it does seem to me like the amendment and the minute of agreement is a bit of a red herring though - if he has withdrawn a lump sum in defiance of what was agreed, then it would need a court to undo that or enforce what it should be (I think).

Hi again @Talulahalula
I am trying to get a 2nd opinion but other firms are not keen on disagreeing with another firm. As soon as they hear I 'have a lawyer' they wont' really speak to me. I suppose I could say I dont' have one atm as that is true as they've finished the Min Ag work & I will do any Simplified Divorce myself.
I'm sorry you've had trouble too. I think my problem is: marital assets were assessed 1 year before he retired. Lawyer then agreed a Min Ag knowing he had retired but didn't do an updated assets check with the Pension Co (they didn't even reply to their letter, just changed the wording of the Min Ag I got me to sign it). So if he took money out of the whole pot my 'half' should have been increased to reflect that. But it wasn't. They were not representing my interests.
So lawyers have let me down. I think the MIn Ag can be changed if prof negligence but not once final Divorce Decree granted. But no-one will help me.

Thank you for helping me 'think it through' here. I will contact that link too x