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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been using the services of a solicitor to vary the maintenance

Resolved Question:

I have been using the services of a solicitor to vary the maintenance payments to my ex wife. I am now retired and our children are not dependent. My solicitor wrote to my ex wife's solicitor, after some correspondence between them, with a date for mutual disclosure of financial information. This was 2 months ago and there has been no reply from my ex wife's solicitor. Is there not some law that prevents one solicitor ignoring a request from another. I did pay quite a lot of money in solicitor fees to get to where we are now. You may wonder why I have not asked my current solicitor. I have sent a couple of emails to her but have not received a reply. I like my current solicitor but she is not exactly what you might call proactive.
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.
When was the original order made and has your income decreased since that time
When does the Order say the maintenance should stop - and was any pension sharing order made?
Clare
Customer: replied 2 years ago.

The original order was made in August 2002. My income has decreased drastically during that time. There was a pension sharing order and the order said that maintenance should be reviewed on change of income or retirement.

To be clear though, I am not asking whether I am entitled to pay less maintenance, that is clearly the case. My question relates to whether there is any recourse in law to one solicitor requesting information from the other (in this case my ex wife's) for disclosure of financial information, and this request being completely ignored. A letter was sent from my solicitor to my ex wife's solicitor a couple of months ago and there has been no reply.

Customer: replied 2 years ago.

Original order August 2002. My income has subsequently decreased by approx. 70%. Maintenance should be reviewed on retirement or change of circumstances. A pension sharing order was made. However, my question does not refer to whether I am entitled to a reduction in maintenance payable. My question askes whether there is any recourse in law to my ex wife's solicitor not replying to my own solicitor's letter to disclose financial information by a certain date. Surely a solicitor cannot simply ignore another solicitor's letter.

Expert:  Clare replied 2 years ago.
Hi
Unfortunately they can.
It is of course bad manners and bad practise - and if the position continues then your solicitor could make a formal complaint to the Law Society about the lack of professionalism involved - but they cannot be ofrce dto respond at all.
I am sorry
Please ask if you need further details
Clare
Expert:  Clare replied 2 years ago.
HI
I am sorry that you feel my service was poor meaning that I get no credit for my time and which is not necessary for and does not trigger a refund
I am also sorry for the typographical error although I hope you were able to read the words.
If you need more information then please ask
Clare
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