divorce preceedings

[spook]

my sisters current boyfriend is currently going through divorce preceedings on the request of his expartner, as she has found someone with whom she wants to get married with.

they split up originally because she had an affair when they were married, they sold there house and the money from that was split equally between the two parties. this was deal all through a solictor about 4yrs ago.

a few month ago he was approached by his ex, that if he would go through her solictor with her and went half way with the legal costs about �450. it would go through quickly and without taking the all at arms route.

he received a form which the solicitor calls the shortened draught , rather than the standard fight form as he called it.

on this form it is asking what future plans and what finacial gains or wealth who be possibly be made in the future.

when they split was shared equally between them and there is documentation of that.

when he has had questions to ask the solictor has been skirting around answers and has stated to my sisters boyfriend that he is primarily his ex's solictor. they both have private pensions in their own names. the solictor wants details of his pension but he is a bit reluctant to give away details.

has he made a bad move by agreeing to go through his ex's solictor with her? or should he have done the obivious

is he legally bound to give pension information?, as it was originally suggested that the reason for going through the ex's soliciter was to make more ammicable and no further financial claims wouldbe made due to settling between themselves on the sale of their former home and he has no intention of filing for any more monies from his ex.

has anyone found themselves in this predicament?
or actually settled this way quite ammicably.

[TradeWithMe]

http://www.authspot.com/Poetry/The-Understatem ent-Hollow-Years.183481

Try to look at that!

[spook]

thanx TRADE WITH ME. but i think my question has been misunderstood,

in laymans terms. my sisters boyfriend separated with his with 4 years ago. she recently contacted him to make divorce/separation final, but suggested that he meet halfway with the costs by going through her solictor solely.

has he made a big error in judgement or has anybody out there found themselves in a simular situation or actually gone down this road. it is more on the civil law or legal side that i was looking for answers.

is it legal or right for a solicter to conduct matters this way or could it be big trap to fall in?

[sara3]

I don't know the legal answer but if she just wants the divorce, they can do it themselves, ie: get all the forms from the local county court, fill them in between them and do it the simple way. it costs about �350.

of course, if she thinks she can get more money out of him that's her decision, not her solicitors. sounds iffy to me. if she doesn't want to do it the simplest way (above) he should probably get some legal advice.

[spook]

actually it's a HE who has this dialemma. they halved all the proceeds of a house they had together and went there separate ways, so it was an even amicable split between the two them. but "she" ( the ex )is doing all the prompting.
but as he is shy and new to this situation i don't want to see him taken to be a mug.

[spook]

sorry sara 3
i read your answer wrong. as it stands he has paid, i believe about �400 and that was supposed to be going halfway with her on the cost. he is getting questioned about future earnings, which sounds fishy too him as they are not supposed to be interested in future monitary claims. and he is being probed about any future plans to marry which shouldn't really come in to it. i my mind and experience.
thats whats causing alarm bells.
thanx for the post :-)

[spook]

ps,
sara. do you still need to employ the service of a solictor ?
if you go through the county court form procedure.

[pastafreak]

The Court may be looking at the final financial settlement. My ex and I had to give similiar information about 6 months ago. Tho the divorce became final back in May,the actual financial settlement is still up in the air so to speak. That is up to the judge,and he decides what fair for both parties...whether or not you are not interested in future gain may not come into it.

[spook]

will the courts still look a final settlement after a legal separation and sale of their house all which happen 4yr ago, in which the settle ment of that was an even share between the two?

[pastafreak]

It would seem so spook.....we sold ours 3 years ago-even split also.The Court will still need the info on pensions as a formality I would imagine, as you both have your own......if your ex didn't,she would be entitled to a partial share of yours. The Court just needs to make certain that all is divided fairly.

[spook]

thanx PASTAFREAK, info gratefuly recieved.
ps. thanx for your post's everyone

best wish'es

[sara3]

hi Spook,

if it's all about the divorce they can do it without a solicitor, and just get the forms from the county court. this is really very straightforward when both partied are in agreement.

if finances are involved then it's probably time for legal advice. I'd say using the same solicitor would be a conflict of interest and a bit suspicious. a solicitor should work for one side or the other.