Amicable divorce being dragged out by solicitor

[Libertieslass]

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.

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. 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

 

[Thirsty]

Do you have children?
Do you own any property?
Do you already have a judicial separation?
Do either of you want to re-marry in the next year?

 

[elacsaplau]

Hi Libertieslass,

I'm sorry that you are getting the run around and wish you well.

There's a saying in the U.S. which came to mind when I read your post: "A divorce lawyer views non-contentious divorces as barbers think of bald men."

 

[trajan]

You're in the wrong forum here, I feel.
It's clear that you will need to consult someone (not necessarily a lawyer, maybe someone in Citizens' Information office ?) who is familiar with processes for economical divorces. Ask if it's open to amicable ex-spouses to engage the same impartial official to represent both parties with a view to expediting matters.

 

[mf1]

1. The Respondent is a Lay Litigant- and knows nothing about Court procedures.
2. The Applicant chose to apply for Legal Aid- he is now represented.
3. Legal Aid solicitors absolutely have to do it by the book. Even if a client says they don't need all the information, that would usually be provided by the parties to make sure nothing has been left undone/unchecked, the solicitor is right to require that both parties provide all the information that would usually be provided.

Obviously, its not great that the solicitor is seeking paperwork that has already been provided but I have huge sympathy for Legal Aid Solicitors-they have huge case loads.

4. Of course, both parties can choose to go it alone- but the Applicant would have to disengage his solicitor.

Frankly, the OP should just stick it out- it will come together and it will be 2020 before the solicitor gets a Court date.

And as for this:
"A divorce lawyer views non-contentious divorces as barbers think of bald men."

That's nonsense- this is a Legal Aid case- there's no-one making any money out of this.

mf

 

[elacsaplau]

MF1,

With the greatest of respect, I don't think my sharing of a saying I learned in the U.S. is nonsense. Please note that I did not say it was directly applicable to the OP's situation, I simply mentioned that the OP's post reminded me of the saying.

Furthermore, I like this saying - and understand its import - as does my pal who shared it with me (…...a dual divorce veteran!). I see that Susie2017 also appreciates it and heck - it even gets the nod from the father of moral philosophy!

….I have huge sympathy for Legal Aid Solicitors

…….and I have huge sympathy for the OP!

el