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Another solicitor mistake?

Posted by Slowdivorce 
Another solicitor mistake?
January 29, 2020 05:49PM
Last year in may, we agreed in mediation how we'd separate our(mine) finances. But now the judge is asking for the copy of the declaration of trust. Should my solicitor had sent this with the consent order?

I feel this solicitor i hired has done everything possible to drag this process out to gain maximum profit for her company
Re: Another solicitor mistake?
January 29, 2020 06:02PM
The average time it takes to get decree absolute after issuing a divorce petition is now well over a year. There was a time when I could do it in about eleven weeks. The reason it now takes so long is because of the inefficiency of the courts. It doesn't need any solicitor to spin the process out. The courts do that themselves.

And to answer your question, no, your solicitor could not reasonably have been expected to have sent a declaration of trust when the consent order was filed. Sometimes there is no rhyme or reason to what query might be raised on any particular consent order. Sometimes these things can be predicted, sometimes not.
Re: Another solicitor mistake?
January 29, 2020 06:11PM
Thanks, for your response, I would of thought it would be needed as a supporting document as thats what we based our mediated settlement on. I understand you won't know my case but what happens if they don't agree with our agreement? And now they would have received this trust via email how long would you expect it to be until inhear back from the courts
Re: Another solicitor mistake?
January 30, 2020 10:26AM
Judges do not have time to wade through endless documents when they consider approving terms of settlement. The rules require a signed consent order and a completed and signed statement of financial information. That is it. Period. If a judge has any questions he/she will ask.

How long it will take is anyone's guess. Sometimes it is a matter of a couple of weeks. Other times a few months. It is a level of service which would not be tolerated in any private company but all public services are a law unto themselves.
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