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First letter recieved

  • Skip
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23 Jul 08 #34760 by Skip
Topic started by Skip
Wonder if anyone can help with a bit of advice.

Having been told by my stbx that she had instructed a solicitor to initiate Divorce proceedings I have been waiting for a few months for something to arrive in the post.

I today had to sign for a letter from stbx's Sol which stated that she had been instructed by stbx and that the grounds would be UB (no details in letter)and that STBX wanted an amicable divorce and to reach an amicable agreement on finances.

Find that strange as stbx has been nothing but bitter and angry towards me about the whole issue, but that's another story.

The letter states they are currently collecting relevant info from stbx to prepare a financial disclosure statement for stbx (I assume they are completing form E on her behalf) and suggest I should start to do the same.

The letter also includes a form for 'Notice of Severance' asking me to sign it and return the form and for me or my appointed sol, to reply to the letter within 21 days.

I understand what this notice is about and am happy to sign and return it without consulting a solicitor. I also hope to do as much of the legwork as I can myself e.g. completing Form E etc.

Is there any reason why I should consult a Sol at this stage (have had free session before with a sol who I would instruct when appropriate)?

Is there anything wrong with replying to the letter myself and should I just keep the reply to the bare minimum i.e. signed form returned.

Is there anything else I should put in this letter in response to some of the content e.g. also willing to reach amicable outcome, preparing financial info etc. I didn't intend to give them my sol's name at this stage

I must admit that I had expected to have the petition by now, is this normal?

  • maggie
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23 Jul 08 #34766 by maggie
Reply from maggie
Skip - what will be severed if you sign the form your stbx solicitor sent?
In my case I petitioned and waited and waited for the acknowledgment from the Respondent before completing Form A to claim Ancillary Relief [the financial settlement]
I thought you had to have Decree Nisi - a sort of half way there divorce certificate - before you could start Form E disclosure.

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23 Jul 08 #34778 by Skip
Reply from Skip
maggie - Sorry should have said it was notice of severance of joint tenancy.

I read in another thread after i posted something Fiona said, which was

'when it is appropriate, there is a pre-application protocol for disclosure (Form E) and negotiation for solicitors to follow. This is voluntary and has nothing to do with Court procedure'

I'm assuming that I will recieve the petition in due course but am wondering if what Fiona said is what this letter is about (plus the notice of severance)

  • maggie
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23 Jul 08 #34796 by maggie
Reply from maggie
Going from Fiona's post - this is what should happen before an application for Ancillary Relief - the letter you got sounds like the "First Letter" ?

www.hmcourts-service.gov.uk/cms/937.htm

  • Skip
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23 Jul 08 #34804 by Skip
Reply from Skip
thanks for the reply maggie.

can anyone see any reason why I shouldn't reply and say i also would like an amicable divorce and to reach an amicable agreement on finances?

Should I also mention that I may instruct a sol to act on my behalf in due course or not bother?

  • Sera
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23 Jul 08 #34813 by Sera
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Skip wrote:

i also would like an amicable divorce and to reach an amicable agreement on finances?


You can download a Form E (and submit it with your letter) Her solicitor can't advise her without some form of VOLUNTARY disclosure. I asked mine for this but he refused. His sols engineered it to Court; and I only got a Form E (not honest, and missing accounts) nine months after he instructed his sol.

I'm self-repping for the Finances, but used a solicitor for the actual Divorce (they keep the two as seperate cases). A solicitor can give you a fixed fee for this. Your ex might ask that you go 50-50% on Costs, (to include the court application) My fixed fee liability is £580.00 (but that did not include my sols fees for interviewing me).

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23 Jul 08 #34829 by Skip
Reply from Skip
thanks for the reply sera.

I like the idea of the voluntary disclosure route. Can't see what difference it makes (other than demonstrating I want it to be amicable) as I have to do a Form E anyway and if I have any concerns when I receive future questions/replies I suppose I can always ask a sol for advice.

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