I seek advice and the way forward with the resolution of my divorce settlement.
Initially, both parties filled in and exchanged our respective Form Es. However, my solicitor did not start the Financial Dispute Resolution process, instead, after a 12month delay, he asked me to submit a second Form E. There was a substantial six figure sum increase in my declared assets between the two FORM Es.
I can only surmise that my solicitor was professionally negligent in not applying to the court to resolve the financial settlement after the first FORM Es were submitted. Please note his fee had increased from an estimate total of £1,800, at time of engagement in October 2010 to over £12,400 by the time I dismissed him from acting on my behalf in July 2013.
We had a court hearing in September 2012 at the end of which I signed a Heads of Agreement (HOA) based on splitting assets recorded in the Second Form E.
Please can you advise me on the following :
1 Can I insist on a settlement based on information provided in my first FORM E? I believe I was misled into submitting a Form E for the second time.
2. If I cannot (due to the HOA), do I have claim of negligence against my ex solicitor?
I am now acting on my own behalf and would be grateful to receive you advice on these matters before engaging your services to conclude the case on my behalf.
Please let me know if you require any further information to assess the case.
M.D. de Souza
I was advised to fill in the Second Form E by my solicitor. It was a very stressful time and I did not fully appreciate the financial impact of situation. I also feel the solicitor did this for his own financial gain.
Have you advice to offer
The application was made when the HOA was signed. I thnk my solicitor made the application after much delay,
No; I did not give any specific instruction to my solicitor as I knew nothing of the court process. My solicitor was in charge of such matters.
Thank you for you advice. Please do not publish this on you website
please can you provide further details.
I thought a heads of agreement document was a non-binding document outlining the main issues relevant to the final settlement of the divorce?
The final settlement has yet to be agreed.
Thank you for you your responses
The HOA was a hand written agreement arrived at a court hearing to resolve the financial matters. I was not given time to consider the agreement and I signed it without releasing its impact.
It did not refer to all assets to be shared and therefore the HAO was not complete. Can I challenge the contents of the HOA as it was not complete?