Negligent legal advice cost me my home in divorce

BeingMe

And he breached it anyway so good chance it will be set aside by the court.

Guest101

BeingMe wrote: »

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.

I suppose the crux will be why wait 3 years to pursue him? It sounds like he's able to afford a top notch solicitor

Guest101

BeingMe wrote: »

And he breached it anyway so good chance it will be set aside by the court.

That's not what a set aside is legally, just fyi

BeingMe

The divorce came through this time last year so only 1 year delay explained by the incorrect advice. Actually, he did have a SHL but he owes them money from some other work he had them do. All his money came from inheritance, he's negligent with money and was financially abusive.

I do rather get the feeling that posters are viewing me as money grabbing for going after what I should have been able to when I found out about his (8th) affair. I won't go into it here but you definitely shouldn't feel sorry for him. He's a t**t of the highest order.

BeingMe

Guest, I didn't mean set aside legally. Just a turn of phrase.

Tigsteroonie

Guest101 wrote: »

I suppose the crux will be why wait 3 years to pursue him? It sounds like he's able to afford a top notch solicitor

If the divorce broke down as a result of DV, or the applicant has been through mental illness, then the delay may be understandable.

As for affording a top-notch solicitor - doesn't always help, and the individual can end up with a huge legal bill. I've seen that happen :rotfl:

Tigsteroonie

BeingMe wrote: »

I do rather get the feeling that posters are viewing me as money grabbing for going after what I should have been able to when I found out about his (8th) affair. I won't go into it here but you definitely shouldn't feel sorry for him. He's a t**t of the highest order.

Forget "money-grabbing" and forget him being a "tw*t". Concentrate on what you may legally be entitled to as the mother of his children and after a relationship that included a lengthy period of cohabitation prior to marriage.

There is no fault when it comes to the financial proceedings, no matter how much people might like there to be.

BeingMe

Oh, I absolutely know these things have no bearing on court proceedings due to the no fault system, it's just the feeling I get from posters that I'm somehow wrong for doing this. I already know I'm not but just stating that they shouldn't have pity for him in any way.

Tigsteroonie

BeingMe wrote: »

Oh, I absolutely know these things have no bearing on court proceedings due to the no fault system, it's just the feeling I get from posters that I'm somehow wrong for doing this. I already know I'm not but just stating that they shouldn't have pity for him in any way.

Occasionally forum members need reminding too

bouicca21

So we have now established that you have what equates to a long marriage and dependent children. What else is there? Incomes, assets, debts , pension pots? All these things are important in establishing how the finances should be divvied up. And yes you need good legal advice from a lawyer who specialises in family law.

If there is dv involved then you may be able to get legal aid - but remember that eventually it has to be paid back.

I second getting yourself over to wikivorce. They helped me too.