How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ukfamilysolicitor Your Own Question
ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1086
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
74916426
Type Your Law Question Here...
ukfamilysolicitor is online now

Implications of Solicitors letter I received the letter

Resolved Question:

Implications of Solicitors letter
I received the letter below from my wifes solicitor and wanted to ensure I am not missing anything. From the letter I understand that:-
1. My wife will be filing for divorce
2. I have to attend mediation with my wife - already been arranged.
3. I need to send my financial information to my wife's lawyers. - I have instructed them I will provide these details once the mediation sessions have completed. I will obviously share with the mediators as required.
Is there anything else I should be addressing? I cannot afford to engage a solicitor and pay for the mediation in parallel so will be engaging a solicitor once mediation completes.
Letter:-
Dear Mr Johnson
We have been instructed to act on behalf of your wife in relation to her matrimonial affairs.
Regrettably our client is of the view that the marriage has broken down irretrievably, she wishes to make progress regarding the resolution of the financial matters and to this end, we have made a referral to mediation which is a constructive way of resolving these issues. South Wales mediation will be in touch shortly.
In the meantime, you will need to collate your financial disclosure and we look forward to receiving documentary evidence of your income, outgoings, assets and liabilities along with the transfer values of all pension funds.
If you do not understand the implications of this letter, we would strongly recommend that you seek independent legal advice.
Submitted: 2 years ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello John
Thank you for your question.
You are correct - your wife's solicitors haven't actually stated the obvious and confirmed that she will be issuing for divorce. This can be implied - as your wife would not be able to seek to settle the issue of the matrimonial finances without issuing for divorce. Perhaps they will write to you under separate cover in relation to the divorce.
It is definitely worth attending at mediation. If you come to an agreement at meditation then this could be drawn up in a consent order and submitted to the court for approval. Submitting such an order at court only costs £50 thus saving huge fees in contested cases. No solicitors from either side are involved in mediation so the costs stay low. It is right to consider instructing a solicitor after mediation so that they can check that a consent order is as per what was agreed and also in your interests.
Again you are correct in relation to full disclosure of financial documents. Mediation will help through the process of disclosure and negotiations - so there's no point duplicating work.
To give you an idea for negotiating: The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of them for the future, health needs, future care of children etc. Everything is included in disclosure. This can be found here:
http://www.legislation.gov.uk/ukpga/1973/18/section/25
Other than that - your all set for mediation.
Kind Regards
Caroline
Positive feedback gratefully received.
ukfamilysolicitor and other Law Specialists are ready to help you