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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
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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Again Clare Thank you help to date. I have 2 issues of great concerns and

Resolved Question:

Hello again Clare
Thank you for your help to date. I have 2 issues of great concerns and I need urgent help please.
1) I asked my solicitor why I had not recieved my Decree NISI certificate since 12 November when the degree would have been pronounced.He told me my certificate for the Decree NISI was recorded wrongly so he did not send it to me, as he was trying to sort it out with the court. He said that they had recorded on the certificate as if my ex husband divorced me rather than the other way round.I divorced him by cross petition and it was a difficult experience to have to go through such contested divorce and then this.He did not even seem to think it fit to inform me of the situation. His attitude was he was doing his best to resolve it with the court. But he has not told me what he is doing.Yet he'll filing for financial remedy pending suit today.can he file form E application without a valid certificate of Degree NISI? how can this be resolved so I get correct certificat?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
It is not unreasonable for him to simply sort the matter out without bothering you - he saw it noted it and clearly wrote to the Court about it - doing his job properly for once
It will not in any way delay the finances since the Decree Nisi has in fact been granted
Clare
Customer: replied 1 year ago.

Thank you for this reply. It's a relief but I need to ask these questions

1) Is this kind of error a common occurence? How can the court get it wrong?. Does it mean that the pronouciation of the decree would have been said and recorded wrong on the day? Should he also have informed my ex husband's solicitors of the error and what he was doing to resolve this? He advised me that I was not required to attend court on the day of the pronoucement though I thought I should go. We probably would have avoided the error being made by the court. Is the court likely to correct this? It seems to me to be taking a long time. I suffered alot through the contested divorce and the correctly recorded Certificate matters alot to me.

2) The Form E was completed by my solicitor. with the guidance that you provided me essentially about what would be valid to include I worked through the form and provided the support evidence documents. He told me he may or may not use the information I provided at this stage. I told him they were all valid in my case - especially medical, employment and reasonable adjustment that I need to make. He asked me to sign the formE before it was completed so it will meet the deadline for submission and he could just get on with it. I had no choice but sign before I saw the completed form. I had no chance to amend the statement he made. He sent me a copy by email about 2hrs to the deadline asking me to sign the form, scan and return to him by email. I telephoned him to say I don't have access to a scanner and i'd come to his office ( a good hour drive) to check it and sign. He told me that I don't have to come as I had signed and he's able to reproduce that for the 3 copies he had to generate. The email was just for a purpose of sending me a copy to keep.

I am concerned immediately that the email could be a way of covering his heels should I complain about the form.

The formE statements made on my behalf are too basic one liners in the boxes and in my view do not demonstrate proportionate experession of my issues, especially when no references are made to support documents. eg regarding disability and ill health etc; my sons private education; his music and athletic needs. I also notice that he did not refer to any support documents which I specifically instructed should be done in the relevant boxes. He did not send me the details of the attachment to the FormE that he has sent to court. I don't think I'd be heard. My ex husband's barristers are very smart and aggressive and have got what they want so far, all resulting in unworkable court orders and creating further problems for me and my son.

How do I prepare for this omissions for the 1st hearing in january? Can I send a letter to the court before the hearing date outlining the issues that i would like the judge to take into account?

Thank you and I will be garteful your quick reply.

Expert:  Clare replied 1 year ago.
1. It is nothing to do with what happened on the day - it is an error in the typing. Most Courts are running weeks behind in their admin so the delay is not cause for concern - your solicitor is clearly aware of the importance of the correct wording being used
2.The statements on the form shoudl be kept short as he has done and there is no need for supporting paperwork regarding your son's needs - they were only relevant to the last hearing.
Please do not write to the court - I am afraid that at this point it is the financial facts that are being looked at.
The issues that you are raising will be dealt with at a later stage
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33953
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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