Negligent legal advice cost me my home in divorce

BeingMe

In other words, if the first solicitor had told me what the second more recent solicitor had told me, I'd have never gone down the diy route. As I believed based on her advice that I wasn't entitled to anything, I tried to save on solicitors fees and court costs by doing it by agreement between ourselves. Of course my XH was only too happy to go through a divorce where I didn't go after the property. If I'd known I had a chance, I'd have let solicitors deal with the divorce from the outset.

Guest101

Basically no, you have no case against the solicitors and not much of a case against your ex

BeingMe

What makes you say that Guest? My new solicitor has already told me I have a very strong case despite my actions based on the first advice and whilst proving it might be another thing, I know what I was told by the first solicitor and that was incorrect and therefore negligent advice.

Tigsteroonie

BeingMe wrote: »

I even signed a contract saying I wouldn't pursue him for any of his property if he took on the joint tax credit claim debt as I believed this was more than I would get through the courts due to the legal advice I'd received.

Do you remember anything about this contract, who drafted it, what it said, whether it was presented to the court alongside the divorce?

I presume neither side has re-married.

Good as MSE is, the Wikivorce website & forum are more knowledgeable on this subject, suggest you ask over there too.

PeacefulWaters

Was a consent order ever approved?

PasturesNew

There are some children hidden in that ..... are they yours or his?

Kids are trump cards. If they're his then the free half hour solicitor would've told you to stay put as he has to provide a roof over their head.

It's like we're not being told something.

BeingMe

Hi Tigster.

It was actually me who drafted it. I did a law degree so have very basic legal knowledge (I might even be a little proud if it held up ). XH was demanding I sign something saying I wouldn't go after his assets in full and final settlement. As I believed I had no claim anyway, I added in some clauses about repayment of a debt he owed me and a joint tax credit debt he was to take on with a timetable for repayment. He breached the contract by not fulfilling either of these clauses. Tax credits are pursuing me for my half and he still hasn't paid me back (over 2 years later). The contract was not presented with the divorce petition and has not been endorsed by the courts. Neither have remarried, he's planning to next year though.

I could find the contract and reproduce the wording if it would help?

BeingMe

Yes, we have two children. Sorry, should have mentioned. No consent orders pursued, nothing except the divorce - decree nisi then absolute.

Apologies if posters think I am hiding anything. It's not intentional and that conversation 100% happened with the first solicitor. She told me to go to the CMS for maintenance for the DC, said I wouldn't be entitled to any spousal support, so she was aware of the DC. I told her everything from the start of our relationship to the conversation I'd had with the ow.

BeingMe

Also, yes, they are his children. Aged 7&5 currently.

Guest101

BeingMe wrote: »

Yes, we have two children. Sorry, should have mentioned. No consent orders pursued, nothing except the divorce - decree nisi then absolute.

Apologies if posters think I am hiding anything. It's not intentional and that conversation 100% happened with the first solicitor. She told me to go to the CMS for maintenance for the DC, said I wouldn't be entitled to any spousal support, so she was aware of the DC. I told her everything from the start of our relationship to the conversation I'd had with the ow.

1: I think you can't chase solicitors as I doubt they'd intentionally not take a huge fe if they could

2: you have had your absolute, so a judge has already decided that the split was fair, so you are now challenging a court decision