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Good Evening All,
First of all, let me start by saying that Divorce and Family Law are far from my areas of expertise. I'm asking on behalf of a friend who is currently going through the process - I am not acting for her, but have done my best to advise on procedures etc. She has instructed a solicitor, however they aren't impressing me with their efficiency or client care I have to say!
Her husband petitioned for divorce in October 2012, and the process is still dragging on. Anybody would think there was a lot to fight over...but sadly that is not the case. As this rate, neither party will be left with anything once all legal bills have been settled.
I'll give a rough SOA first of all, so that we can see how the land lies.
Married for 3 years, co-habiting for 8.
No children from marriage - adult children on both sides + respondent has 1 dependant son age 16 and still in FTE.
Finances as at start of divorce process
Salary (her) - £20k
Salary (him) - £30k
Property - valuations between £105k and £125k (Original valuation from 12 months ago was £125k, more recent 2 valuations at £105k and £110k) - A jointly instructed valuation came in at £115k
Mortgage - £92k outstanding (Mortgage in her sole name, property owned in her sole name - was owned previous to relationship).
Other Assets
Caravan - £3k owned in her sole name (now sold, at his solicitors request - money deposited with her solicitor)
Car - £8.5k owned in his sole name, £3.5k finance outstanding
His pensions - approx £30k in money purchase plans
Her pensions - approx £8k in money purchase plans
Savings - balance of £3k joint savings, were held in an account in his name at time of divorce petition - money since spent by him, evidenced by bank statements
Sharesave - £4k, in his sole name
Debts
His name - £5k, personal loan used to fund car upgrade
Her name - £22k across cards and loans, used to fund day to day living and purchases for benefit of both
The Situation
There was an initial proposal that he kept car and all interest in his pensions and sharesave, along with his own loan. She would keep equity in house, caravan and her own pension - along with her own debts.This was rejected, she attended for mediation but he did not. Litigation then commenced.
Considerable delays in the exchange of Form E, caused by the applicant only completing his the evening before the first hearing and not allowing respondent the opportunity to properly review in order to raise questions ahead of hearing. When the form E was finally received, it was an impressive work of fiction which bore little resemblance to his actual finances.
Interesting points which arose from the form E and supporting documents -
He has cashed in the Share Save plans, and disposed of the proceeds
He appears to have sold the car and purchased a replacement
Various new bank accounts appear to have been opened, although no statements provided
Naturally these formed part of the questionnaire submitted.
Outcome of the first hearing which took place in January 2014 was that the judge ordered a joint valuation and questionnaires on both sides. The valuation and questionnaires were to be completed within 2 weeks, with a final court hearing scheduled for 1 month after the first.
Respondent filed answers to questionnaire with her solicitor within the 2 weeks allowed, and these were forwarded to the applicants solicitors. To date (some 3 months after the hearing, and over 2 months after the court deadline) the applicants answers have still not been received! The applicant also failed to agree a joint letter of instruction for the valuation, so that the respondent had to make an application to the court for this to be ordered in the absence of his agreement. This valuation has now finally been carried out and came in at £115k, £10k less than the valuation on which the original settlement offer from the respondent was based.
The final hearing has been re-scheduled for 2 weeks time, and naturally the respondent is not at all happy with the persistent delays and failure to comply with court direction on the part of the applicant. His conduct has resulted in significantly increased legal costs for both parties throughout the process.
Just looking for some advice from those more experienced in such matters. The acting solicitor seems more concerned with how her bill is to be settled than offering any practical advice as to how to approach the situation, what sort of realistic split could be expected, whether costs can be applied for on the basis of his conduct and delays etc.
Worth mentioning, the applicant has accrued legal bills in the region of £3,000 all of which are unpaid at this point
The respondents total bill so far comes to approximately £2,000, of which £1200 has been settled.
Anyway, appreciate your thoughts.
First of all, let me start by saying that Divorce and Family Law are far from my areas of expertise. I'm asking on behalf of a friend who is currently going through the process - I am not acting for her, but have done my best to advise on procedures etc. She has instructed a solicitor, however they aren't impressing me with their efficiency or client care I have to say!
Her husband petitioned for divorce in October 2012, and the process is still dragging on. Anybody would think there was a lot to fight over...but sadly that is not the case. As this rate, neither party will be left with anything once all legal bills have been settled.
I'll give a rough SOA first of all, so that we can see how the land lies.
Married for 3 years, co-habiting for 8.
No children from marriage - adult children on both sides + respondent has 1 dependant son age 16 and still in FTE.
Finances as at start of divorce process
Salary (her) - £20k
Salary (him) - £30k
Property - valuations between £105k and £125k (Original valuation from 12 months ago was £125k, more recent 2 valuations at £105k and £110k) - A jointly instructed valuation came in at £115k
Mortgage - £92k outstanding (Mortgage in her sole name, property owned in her sole name - was owned previous to relationship).
Other Assets
Caravan - £3k owned in her sole name (now sold, at his solicitors request - money deposited with her solicitor)
Car - £8.5k owned in his sole name, £3.5k finance outstanding
His pensions - approx £30k in money purchase plans
Her pensions - approx £8k in money purchase plans
Savings - balance of £3k joint savings, were held in an account in his name at time of divorce petition - money since spent by him, evidenced by bank statements
Sharesave - £4k, in his sole name
Debts
His name - £5k, personal loan used to fund car upgrade
Her name - £22k across cards and loans, used to fund day to day living and purchases for benefit of both
The Situation
There was an initial proposal that he kept car and all interest in his pensions and sharesave, along with his own loan. She would keep equity in house, caravan and her own pension - along with her own debts.This was rejected, she attended for mediation but he did not. Litigation then commenced.
Considerable delays in the exchange of Form E, caused by the applicant only completing his the evening before the first hearing and not allowing respondent the opportunity to properly review in order to raise questions ahead of hearing. When the form E was finally received, it was an impressive work of fiction which bore little resemblance to his actual finances.
Interesting points which arose from the form E and supporting documents -
He has cashed in the Share Save plans, and disposed of the proceeds
He appears to have sold the car and purchased a replacement
Various new bank accounts appear to have been opened, although no statements provided
Naturally these formed part of the questionnaire submitted.
Outcome of the first hearing which took place in January 2014 was that the judge ordered a joint valuation and questionnaires on both sides. The valuation and questionnaires were to be completed within 2 weeks, with a final court hearing scheduled for 1 month after the first.
Respondent filed answers to questionnaire with her solicitor within the 2 weeks allowed, and these were forwarded to the applicants solicitors. To date (some 3 months after the hearing, and over 2 months after the court deadline) the applicants answers have still not been received! The applicant also failed to agree a joint letter of instruction for the valuation, so that the respondent had to make an application to the court for this to be ordered in the absence of his agreement. This valuation has now finally been carried out and came in at £115k, £10k less than the valuation on which the original settlement offer from the respondent was based.
The final hearing has been re-scheduled for 2 weeks time, and naturally the respondent is not at all happy with the persistent delays and failure to comply with court direction on the part of the applicant. His conduct has resulted in significantly increased legal costs for both parties throughout the process.
Just looking for some advice from those more experienced in such matters. The acting solicitor seems more concerned with how her bill is to be settled than offering any practical advice as to how to approach the situation, what sort of realistic split could be expected, whether costs can be applied for on the basis of his conduct and delays etc.
Worth mentioning, the applicant has accrued legal bills in the region of £3,000 all of which are unpaid at this point
The respondents total bill so far comes to approximately £2,000, of which £1200 has been settled.
Anyway, appreciate your thoughts.
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