I am becoming more and more interested in divorce proceedings. You have to spend £$£$$ amount of money taking a final decision to court. My question, ... You do this with the understanding that this is a final decision, it is a document that is agreed to, by both parties. It is a decision made by a judge. So be it.

But...... if one party decides they are going to then try and vary the order and it is supported by their solicitor, constantly for two years, is this legal? This is done by trying at every toss and turn to add their own little clauses, and timescales, all aided by their solicitor, who has the order in their possession, and presumably can translate the document?

What recourse is there?? If there is proof that a solicitor has been aiding this illegal course of action, can we claim? Silly questions really I suppose, it is not for the money, it is for justice.

Is there some guidelines, such as double glazing salesmen, that they have a percentage that they may play with??

Amanda, would you advise your client to obstruct, delay and oppose a court order that you had agreed to??? I am sure you would not, I can see from your posts that you must fall in the same cateogory as my husband's solicitor, you tell 'em straight. I just want to know if this is common practice.

Zara

Really sad with this legal system

Hi Zara

I am not sure which of 2 scenarios you fall into.

Are you in category one, where there is a court order and now the other side wants to return it to court for a variation because circs have changed? If so, sadly there is nothing you can do to prevent that.

Are you in category two, where the judge has made a decision and told the parties to make it into an order? If so, and if there is any messing about I either return that to court so the judge can go though his notebook in front of the parties and tell them what he expected reflected, or I make an application for a tran­script­ of the tape so we can all see what he expected.

Amanda

Thank you Amanda for replying. I know by your posts that you only accept things by the letter' but I need to know what is going on.

circumstances are ...

court order agreed 2006.

Now trigger points have come into play, my husband is trying to abide by them, and has evidence to prove that. Ex is trying with her solicitor to add clauses, and conditions, and amounts, which have been condoned by her solicitor. In black and white!!!!

My husband has applied to court (8th Dec) for the judge to revisit the original court order (ie in the percentage split agreed by both sides). The exes solicitor has spent 2 YEARS trying to vary the trigger points, the percentage, and now comes up eith ancillary crap, and is slowly backing down with solicitors concillaitory letters. Why is this allowed?

Has a solicitor, like a double glazing salesman, been given a time­frame­, a tolerance space, in which they can argue, clock up horrendous bills and tickle around with the legal system? We have no chance Amanda, it has just given one side unfair advantage.

What can we do. Please??

zara
Really grateful for a sane reply.

Not sure it is a sane response hun - certainly not on a Friday night anyway .

The reason this is allowed is that solicitors are supposed to take instructions. Sadly, if you have an unreasonable client in front of you that wants to argue a load of tosh you have two choices........ follow the instructions while giving advice that it isnt going to work, or tell the client straight that you consider the case is hopeless, that they are wasting their money, and show them the door. If you do this however, Mr Smith down the road will always take the case for them. I suppose a third option is what many do and send em of to barristers like me, who always tend to shoot from the hip and tell em straight. Leads to the barrister being sacked, but hey, we are used to that from people who dont like what we say .

The sad truth Zara is we can lead clients to the water of what a court will do all we like - but at the end of the day, we are supposed to follow instructions.

Amanda

Thank you Amanda, you always give it, straight from the hip, and on this site, that is what we need to hear.

OK. So, the ex has now agreed to the court order, ie, splitting of assets. The percentage which was stated in the court oder. That is fine. The proceeds are going into 4 seperate accounts (probably due to the banking climate( that is fine

So the purchasers will be able to complete, the house is sold. The money is being put into as I said 4 accounts in the solicitor's joint names.

Now,, the ancillary crap is totally irrelevant, so....... my husband, is going to say, fine, we would have put that into an account anyway, so leave it there.

In effect, the fmh has been sold, the money is in an account, but he does not agree the ancilary rubbish, so leave it there???? Do you think that the ex will then send US begging letters to release the money? Have you experienced this before???

Oh it is woodworm, which could have been accumulating for years, mortgage arrears?? which the BS have sent letters saying that it is their mistake?? things in that vein??

What would you advise us to do?
Would a judge, now that the court order has been complied with, be bothered with ancilary rubbish???? Would he just throw it out. What should we be advisiing his solicitor to be doing.
Thanks Amanda, we just want a life

We just wish we had wiki 2 years ago. Dont know of any solicitor that you can hava chat with on a Friday night at 21.25pm

zara

Zara2008 wrote:
The proceeds are going into 4 seperate accounts (probably due to the banking climate


You're protected up to £50,000 now. Although your monies have to be up to £50k in different institutions; and say if one was with Alliance and Leicester and one with Abbey; well Abbey now own Aliance and Leicester...so your COMBINED security would still only be for up to £50k

TSB own Cheltenham and Gloucester, and I think HBOS??? etc etc etc.

Todays max rate was around 6% of interest per annum, which may drop any day now. So let's hope that whatever delays happen; you at least get some compensation in the interest... assuming that goes to YOU and not the sols?

Thanks Sera

We will look into the interest rate and the reliabilty.
Thank you so much for your interst. I hope that the Bank's is the same.



You are a star and will be sending you a thankyou.

zara