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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi, I am in the process of divorce proceeding and attending

Resolved Question:

Hi,
I am in the process of divorce proceeding and attending the FDR this week. My divorce has been very acrimonious, even though it was a joint decision to separate. We separated over 2 years ago and began legal proceedings in October 2013. At the time, my lawyer advised I apply for an interim maintenance order, but stated I would need to be able to support myself financial for 4-6 months until the case was heard, as my ex husband would not be under an obligation to pay maintenance or legal fees whilst the application was being processed. This I was unable to do as my ex husband gave me very little maintenance in comparison to his salary, and also paid intermittently. My lawyer has since suggested I apply for the order on several occasions when my ex husband has paid late or reduced the amount he was giving me. It was only at the FDR that my Counsel expressed surprise I did not have an interim order in place and asked why, when I explained he told me that was wrong advise, and that, in fact, although it does take 4-6 months to get a hearing date, the order does not have to be served until 2 weeks before the hearing date. I have suffered greatly, both financially and mentally over the stress of having maintenance, and spent a extra ordinary amount on legal fees fighting over maintenance..all, as it appears, unnecessarily. My ex husband has, over the last 2 years, spent to the extreme, and used up all the of marital pot on holidays, clothes and entertaining. I want to know where I stand as I think I have been misrepresented. Please can you help?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is there a record of this advice from your solicitor?
How much does the Barrister think you may achieve?
Clare
Customer: replied 3 years ago.

Yes, there is a record in writing - several times. Do you mean, how much does the Barrister think I will achieve in settlement?

Expert:  Clare replied 3 years ago.
Hi
My apologies that was badly expressed - what maintenance did the Barrister think you might have achieved?
Clare
Customer: replied 3 years ago.

Originally we would have asked for £6000 PCM. I received between £2000-£2500 at present.

Customer: replied 3 years ago.

Originally we would have asked for £6000 PCM. I receive between £2000-£2500 at present. In total I received around £94,000 from my husband since separation at the beginning of April 2012. He has earned over £1183000.00 since separation.

Expert:  Clare replied 3 years ago.
Hi
Was your solicitor with you at the Conference with Counsel?
Clare
Customer: replied 3 years ago.

Yes she was.

Expert:  Clare replied 3 years ago.
Hi
What comment did she make to that?
Clare
Customer: replied 3 years ago.

She seemed to be surprised and said she didn't know the order could wait to be served.

Expert:  Clare replied 3 years ago.
Hi
How senior is she in the firm?
Clare
Customer: replied 3 years ago.

She is a partner.

Expert:  Clare replied 3 years ago.
Hi
Just for clarity - in fact she advised you to make an application on numerous occasions but you decided not to because of the risk - is that correct?
Clare
Customer: replied 3 years ago.

Yes, that is right. Based on what her recommendations were, in that I would need to have 4-6 months financially supporting myself and enough to pay my legal fees during that time.

Expert:  Clare replied 3 years ago.
Hi
Sorry to check - that part of the advice was also documented?
Clare
Customer: replied 3 years ago.

Yes.

Expert:  Clare replied 3 years ago.
Hi
You have clearly been badly advised
You have all the evidence necessary to prove it - and it has been confirmed by your barrister and the solicitor herself
The starting point is to write a simple straightforward letter setting out the facts - send copy letters with the advice highlighted.
Point out how much this has cost you and ask what action she proposes to take.
Copy this to the Complaints partner
At the very least you expect a substantial discount on your bill
I hope that this is of assistance - please ask if you need further details
Clare
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