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Solicitor dragging out amicable divorce

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  • 14-10-2019 10:46pm
    #1
    Registered Users Posts: 1


    Apologies in advance for the long post. I am in the middle of a divorce. It's very amicable. My ex and I are good friends and in complete agreement on all matters. However, he initially applied for and got access to a free legal aid solicitor who has been dragging the case out now for over two years. She has been intent on creating issues where there are none and kept trying to look for things that he told her he's not seeking and force issues that we are in agreement on. We are finally at the Civil Bill stage and I have entered an Appearance. I don't have a solicitor as the whole idea was to keep expenses to a minimum as there are no disputes. I submitted my Affidavit of means (stamped by a solicitor) along with all vouching documentation to his solicitor months ago. We agreed draft terms. Having entered an Appearance two weeks ago, I received a letter today from his Solicitor requesting that I furnish them with my fully vouched Affidavit of Means prior to the drafting of settlement terms. Is this something different? As far as I'm concerned, I have already done this and we've agreed terms. They are also requesting my pension information / entitlements, which I also gave them with my other vouching documents months ago. This is not the first time either my ex or I have been asked to provide documentation previously provided. Am I missing something... do I have to go and provide all this information again? Or is this incompetence? We are both worn out with it, ironically not because we can't agree but because this solicitor is thwarting our best efforts to effect an amicable settlement. She has told my ex that it is all baby steps and it will be next year before we get close to a court date. It will then be 3 years since my ex had his first meeting with her. Is this the norm in cases where both parties are in complete agreement? Our original (clearly naive) hope was that we'd agree everything, go to court, and get a judge to rubber stamp things. My ex is talking about asking for another solicitor. I am concerned this may delay things even further. It almost feels as if the solicitor is so used to acrimonious divorce cases, that she can't cope with one which is not! I am keen to avoid having to get a solicitor myself but I'm frustrated by how painfully and unnecessarily drawn out this has become and by the fact that I don't know the steps involved to enable me to challenge them. Is there a way we can push this through at this point without any solicitors? I wouldn't have a clue how to do that. Any suggestions as to how to proceed or anything I may be missing greatly appreciated. I don't have a legal brain, so layman's terms also appreciated. Thanks in advance.


Comments

  • Moderators, Society & Culture Moderators Posts: 6,769 Mod ✭✭✭✭nuac


    Solicitors working in Legal Aid tend to be very experienced in family law matters. They also have heavy case loads.
    Suggest you ask for a meeting with the senior managing solicitor in that office.


  • Registered Users Posts: 51 ✭✭Qwikpix


    It seems like you provided a vouched Affidavit of Means for the purpose of negotiating a settlement.

    The settlement was negotiated. Now you've been served with a civil bill and you've entered an appearance to it. So you now have to provide a current Affidavit of Means (and Affidavit of Welfare if there are dependent children). This is for the Court and you can't use an Affidavit that was sworn before the civil bill was issued.

    This isn't the solicitor's fault. It's required by the rules of Court. Don't worry about it, just file a new Affidavit in the Court office.


  • Registered Users Posts: 26,056 ✭✭✭✭Peregrinus


    (And make sure it's up to date, if anything has changed since you made the first affidavit. The need to have it up to date is the reason why the court rules require an affidavit that is filed after the court proceedings have started.)


  • Registered Users Posts: 2,419 ✭✭✭antix80


    I don't have a solicitor
    I don't know the steps involved
    I don't have a legal brain

    I know you're trying to keep costs down but once your partner got a solicitor you should probably have done the same.

    Had your partner not gone that route you could have used a service to do all the leg-work for you at a fraction of the cost of using solicitors.


  • Registered Users Posts: 9,798 ✭✭✭Mr. Incognito


    Why did he get a solicitor if its amicable?

    Neither side requires one.


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