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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34121
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am in the process of getting a divorce. Should my lawyer

Customer Question

I am in the process of getting a divorce.
Should my lawyer have advised me that the mediator would deal with financial matters, before he got me to send endless financial documents for myself and my husband to him, which has cost me several thousand pounds that I really cannot afford?
I feel so distressed by the whole process that I well understand why so many people do nothing.
C Windsor
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 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.
What has happened so far - and are you know in mediation?
Clare
Customer: replied 2 years ago.

I have my decree nisi and have attended 1 joint mediation session with my husband.

Expert:  Clare replied 2 years ago.
Hi
Did your solicitor give you any guidelines as to potential settlement?
Clare
Customer: replied 2 years ago.

We shall need to get a court order for sale of the house.

My real query is whether his work in preparing financial statements for myself and my husband was superfluous as this work is undertaken by the mediator at far less cost.

Expert:  Clare replied 2 years ago.
Hi
That is arguable as the job done by the mediator and the solicitor is very different
The Mediator asks both parties to produce the documentation so that the other party can see it.
The mediator him or herself does not go through the documentation to verify that there is no inconsistency - and is not there to ensure that you get the best possible outcome - or even to advise on what that outcome should be.
Your solicitor however goes through the paperwork fully with YOUR interests as his or her priority - to identify an highlight inconsistencies and to give you a clear idea of your options
So the mediator may allow you to agree that the house shoudl be sold - the solicitor will tell you if there is a way that it does not need to be.
However the solicitor shoudl have explained that mediation was an option at an earlier date and you may have a complaint based on that
Please ask if you need further details
Clare