Mistake on divorce papers, £££s and months.....
Discussion
Dealing in this area of law myself, I end up checking documents several times over to ensure there are no errors.
If you did provide the documents to your solicitor they should have been checked properly and so I would demand that any future costs would be waived.
Often the Court does write back to the parties if there are any ommissions or errors so I wonder what the issue was for the petition to be rejected outright?
If you did provide the documents to your solicitor they should have been checked properly and so I would demand that any future costs would be waived.
Often the Court does write back to the parties if there are any ommissions or errors so I wonder what the issue was for the petition to be rejected outright?
King Herald said:
I gave it to my solicitor, who read it all through and sent it to the court, and a week later she emailed me telling me she was hoping it would be okay with that missing signature.....
6 weeks later the whole thing has been rejected by the court, over the signature.
Something odd about these time frames. If the court took 6 weeks to reject it, how did she find out about the missing signature one week later?6 weeks later the whole thing has been rejected by the court, over the signature.
Hoping sounds pretty flaky to me. Why didn't she take the initiative and get the papers back as soon as she knew the signature was missing.
Pretty shonky client care imo.
King Herald said:
I gave her the papers from my wife, to check and send to the court, then a week later emailed asking whether everything was okay. She replied stating she had sent them in, and she hoped the missing signature would not be a problem, ‘red tape’ she called it.
Just read your other thread.King Herald said:
I just found a copy on line and worked out what she missed, it was the final signature on the Consent form. She had already filled in and signed the form, then there is a another page with a ‘truth statement’ that requires her name and her solicitors name.
Now I read it again, it is obviously asking for her signature. But she didn’t understand it, I misunderstood it, and the solicitor noticed it but still sent it to the court knowing it was unsigned....
I'm not surprised both of you misunderstood it. In fact it is not 'obviously asking for her signature' at all.Now I read it again, it is obviously asking for her signature. But she didn’t understand it, I misunderstood it, and the solicitor noticed it but still sent it to the court knowing it was unsigned....
That section of the form is not well designed (most likely by a career bureaucrat). It will be crystal clear to one of them but not to the average MoP.
Look carefully at the bits with the 'delete as appropriate' asterisks. The D81 Statement of Truth can be signed by the respondent OR her solicitor.*
Nevertheless a signature by one or the other is still needed and your solicitor should know that perfectly well.
If she was aware of the omission, it was highly unprofessional of her to send it to the court on a wing and a prayer 'hoping' it wouldn't be spotted.
Unbelievably crass and a clear breach of client care imo.
* In fact it doesn't even have to be a qualified solicitor: it can be the respondent's litigation friend
.
I work in financial services - we often need to ask clients to complete complex forms. Where there is any ambiguity, or on any form requiring multiple signatures, I always attach small “sign here” Post-it notes - never fails
Most forms I’ve received from a solicitor (wills, property deeds, trust docs etc) have had similar attached - I’m surprised your solicitor doesn’t do the same
Most forms I’ve received from a solicitor (wills, property deeds, trust docs etc) have had similar attached - I’m surprised your solicitor doesn’t do the same
Just read this through. Look at it from the solicitors point of view.
She is representing one side of a divorce action where the other side doesn't speak very good English, is in another country and hasn't instructed legal counsel.
Having marked all areas that your wife had to sign correctly to assist your wife (this is not her job} . Your wife then chooses to ignore the clear and correct instructions she has been given deciding its "red tape"
.......rather than Oh I don't know....perhaps getting your/your solicitors/a solicitor of her owns advice .
You then throw all your teddies out of your pram and kick of at your solicitor!
"I am assuming they will Teflon-shoulder it by telling me my wife must have refused to sign it and that is not their fault?".......You can bet your sweet ar$e that if they have an ounce of common sense they will.
She is representing one side of a divorce action where the other side doesn't speak very good English, is in another country and hasn't instructed legal counsel.
Having marked all areas that your wife had to sign correctly to assist your wife (this is not her job} . Your wife then chooses to ignore the clear and correct instructions she has been given deciding its "red tape"
.......rather than Oh I don't know....perhaps getting your/your solicitors/a solicitor of her owns advice .
You then throw all your teddies out of your pram and kick of at your solicitor!
"I am assuming they will Teflon-shoulder it by telling me my wife must have refused to sign it and that is not their fault?".......You can bet your sweet ar$e that if they have an ounce of common sense they will.
Edited by smileymikey on Sunday 17th December 09:29
P.S
You mention in your other thread on this matter, that you are taking care of your wife financially at the moment.......I don't suppose you have considered the possibility that she did it on purpose with the intention of dragging out the financial rinsing you seem to be getting at the moment until you are bled dry.
.......Before you say she's not like that... Remember you are divorcing her for a reason
King Herald said:
smileymikey said:
P.S
You mention in your other thread on this matter, that you are taking care of your wife financially at the moment.......I don't suppose you have considered the possibility that she did it on purpose with the intention of dragging out the financial rinsing you seem to be getting at the moment until you are bled dry.
Thus why I am paying hundreds of quids to a solicitor to look after my side of things and make sure no mistakes are made, malicious, accidental or otherwise.You mention in your other thread on this matter, that you are taking care of your wife financially at the moment.......I don't suppose you have considered the possibility that she did it on purpose with the intention of dragging out the financial rinsing you seem to be getting at the moment until you are bled dry.
Sorry to jump on your misfortune. I don't normally come on here to add to someones woes. My brother a "big cheese" in the corporate world a man that truly knows his way around hammering out a canny deal, live half the year in the Philippines tellingly he takes the view that he would rather put together a hostile takeover deal than try and negotiate with a Philippine granny over the price of a chicken. You will lose every time!
I would recommend abruptly turning off the financial tap to your wife with the promise that as soon as the documents are back signed you will turn it back on. I don't buy her excuse that she didn't understand ( I also don't buy the idea that she hasn't instructed legal counsel behind the scenes)
The biggest and most passionate screw you get in your marriage is always the divorce
I would recommend abruptly turning off the financial tap to your wife with the promise that as soon as the documents are back signed you will turn it back on. I don't buy her excuse that she didn't understand ( I also don't buy the idea that she hasn't instructed legal counsel behind the scenes)
The biggest and most passionate screw you get in your marriage is always the divorce
I hear what you are saying, they do specialise in corruption and dishonesty over there. Proud of it almost.
I could have simply copied her simple signature if I thought it was that important. Or if my solicitor had told me it was essential.... ahem.....
....of course I would never do that in reality....
I could have simply copied her simple signature if I thought it was that important. Or if my solicitor had told me it was essential.... ahem.....
....of course I would never do that in reality....
King Herald said:
I shall be having strong words with my solicitor tomorrow. Somehow I doubt she will admit much wrongdoing, there will be excuses, but I will inform her I expect her to get it sorted without billing me another £1000. I can make these sort of mistakes all on my own without paying a professional to do it.
Wings said:
Any strong words should be put in writing, and preferably at a later date, possibly when/if further monies are requested. Strong words now might slow or stop further works being carried out on your behalf. Good luck, feel for you.
Yes, I think I should play it cool for the moment, and see how it goes. As Smileymikey pointed out, it is not really her legal responsibility to check my wife’s documentation, but seeing as she saw it, and knew it was wrong, and still handed it in.....
My ex-wife's solicitor (Portsmouth-based, PM me if you want to avoid them!) forgot to apply for the Decree Absolute (she instigated proceedings) until my solicitor chased them up. This was at the 11th hour just when I could see a glimmer of light and finally possible escape from the f
king nutter. Added another three months added to the proceedings..... When I found out it was, in all sincerity, the darkest day of my life. Four years later I she is still a fking nutter but someone else's responsibility thank fk.
king nutter. Added another three months added to the proceedings..... When I found out it was, in all sincerity, the darkest day of my life. Four years later I she is still a fking nutter but someone else's responsibility thank fk.Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff