Negligent legal advice cost me my home in divorce

BeingMe

Do you have any legal training Guest? A divorce can still go through without any financial orders being made. That's the situation I'm in now. As no financial orders have been considered by a court, I am still free to pursue one through court unless I remarry.

Tigsteroonie

This is just my opinion as IANAL.

Whilst you drafted and signed a document yourselves, this was not presented to court as part of the Financial Remedy on divorce and does not therefore constitute a Consent Order.

You could therefore consider starting those formal financial proceedings now. The document that you both signed could be taken into account, but so also would be the fact that he hasn't honoured his side of that agreement and that you (at least) signed it without taking advice first. You should see a solicitor about this because of the complication of your initial agreement; and the result of the proceedings would be a legally drafted Consent Order, that the Judge feels is fair, and that you have both had the option of seeking advice before signing.

I don't think you have any come-back against the Solicitor you consulted initially, as it was a free half-hour. But that would be a separate matter.

As I say, head over to Wikivorce, I found it very useful. You could also wait to see how TBagpuss responds on here, he's pretty knowledgeable

eta.

Found this (my emphasis), here: http://www.wardgethinarcher.co.uk/whats-new/104-how-to-protect-your-finances-after-divorce/

A Consent Order can be made by the Court when financial issues are agreed by the parties to a divorce. The agreement between the parties is given legal effect by asking the court to make an Order by consent. If no Order is made, the financial ties and obligations of marriage will continue notwithstanding the marriage having been dissolved. This could result in a former spouse making financial claims long after the divorce, and on your estate after death.

BeingMe

Thank you so much Tigster, this was exactly the kind of advice I was looking for.

My issue really hinges on whether the contract will hold up. I've seen a new solicitor but will have to pay £300 to become a client (and £180 per hour on top). I don't want to pay this just to be told I've no chance due to the contract (which was only drafted/signed due to the bad advice I first received).

I shall hope that poster sees my thread.

BeingMe

I don't necessarily want to sue the first solicitor, but I do want to complain. She's really messed things up for me with her advice.

Tigsteroonie

BeingMe wrote: »

My issue really hinges on whether the contract will hold up. I've seen a new solicitor but will have to pay £300 to become a client (and £180 per hour on top). I don't want to pay this just to be told I've no chance due to the contract (which was only drafted/signed due to the bad advice I first received).

Get yourself over to Wikivorce and ask that very question

Sorry, I do tend to promote that site rather a lot. It's just they helped me no end when I was going through the process.

Guest101

BeingMe wrote: »

Do you have any legal training Guest? A divorce can still go through without any financial orders being made. That's the situation I'm in now. As no financial orders have been considered by a court, I am still free to pursue one through court unless I remarry.

Yes I have. But that's not relevant as the OP has said a financial decision WAS made, based upon what was written in the OP

Mr_Costcutter

BeingMe wrote: »

Is there anything I can do about this now? I basically walked.[/QUOTE)

Surely, the only person who can advise you is the solicitor you are now consulting.

Without wishing to be rude or unkind, I am surprised that having obtained a law degree, you weren't more clued up as to what you might be entitled to.

I do wish you luck and hope things turn out well for you.

BeingMe

Guest, I said NO consent or financial order has yet been made.

MrCostcutter, I didn't study family law at degree level. It doesn't teach you anything in practice anyway, just the underlying principles. It's actually probably the reason I was inclined to believe the dud advice.

Thank you Tigster, I did use wikivorce when filling out the divorce forms and agree they're very good.

Just a quick update too, called a free legal advice line and read them the contract/agreement. They are saying it shouldn't prejudice my case so all good. I was just worried about wasting £500 just to find this out. Thank you all for your input, still happy to hear more opinions.

Guest101

BeingMe wrote: »

Guest, I said NO consent or financial order has yet been made.

MrCostcutter, I didn't study family law at degree level. It doesn't teach you anything in practice anyway, just the underlying principles. It's actually probably the reason I was inclined to believe the dud advice.

Thank you Tigster, I did use wikivorce when filling out the divorce forms and agree they're very good.

Just a quick update too, called a free legal advice line and read them the contract/agreement. They are saying it shouldn't prejudice my case so all good. I was just worried about wasting £500 just to find this out. Thank you all for your input, still happy to hear more opinions.

1: despite previous experience you're still relying on free legal advice, which is slightly different to these forums, which offer knowledgable opinions.
2: I apologise if I misread it, but it sounded to me like the agreement had been considered by the court, if not feel free to pursue, but be prepared for awkward questions

BeingMe

Thanks for your advice Guest. It's actually a charity for victims of domestic abuse and they operate a free legal advice line manned by solicitors. I've simplified the advice I was given over the phone but it's helped me feel more confident in pursuing a claim against my ex. I was just worried that if have to pay £500 to my new solicitor who would then say the contract changed everything. I hadn't read it in a while and just looking at it again has made me realise it's not that prejudicial. I don't agree not to pursue him, just that we will deal with our own debts separately.