I guess this is predominately an FCA procedural question re: property/financial orders. I've been separated from my ex for 30 months and we have a 4 year old daughter. It is a small property pool. My ex lives in the family home with our daughter and I rent. There are no parenting orders as yet, but we have a 9 nights (her) and 5 nights (me) per fortnight parenting plan.
Its been a bitter and protracted 2.5 years of negotiation to seek final financial orders being made. My solicitor, who I've had for the last 14 months, has thus far cost me 40k. I don't earn a lot of money and my solicitor's charge-out rate is over $700 per hour - he is a Director at his firm. I have a view that he is elongating the matter as much as possible to maximise his fees. One example of this is that he charged me several thousand dollars to prepare an affidavit - and then lodged the case in the FCA where an affidavit is not required. I'm at the limit of my stress levels and can't take much more of this.
We've had two conciliation conferences at the FCA. At the most recent one, early March 2020, we reached agreement on a payment (to me) and super split (to her). Procedural fairness was sought from my superannuation fund for the super split and the consent orders were signed by both parties and sent to the FCA Registrar in very early April. On 30 April my solicitor advised me that my ex had written to the court advising that she had lost her job due to COVID-19 and that she now could not get finance from the bank to transfer the housing loan into her name. My solicitor has advised me that after speaking to my ex's solicitor that I now have to wait until my ex regains her job and thus qualifies for finance before the final orders will be signed. He also inferred that if my ex either does not regain her job or get finance approved from the bank that I will have to negotiate a brand new agreement.
I don't understand why, after previously reaching an agreement, I will potentially have to 'go back to the start'. I feel like I am being played for a fool by my solicitor and that my costs will never end. I'm seriously considering either running the matter myself from herein or engaging another, cheaper solicitor.
My questions are: In this situation, does the intervening event of her losing her employment mean that the registrar will not sign the current orders? And, why is my solicitor negotiating this with the other party's solicitor rather than the Registrar?
Thanks
Its been a bitter and protracted 2.5 years of negotiation to seek final financial orders being made. My solicitor, who I've had for the last 14 months, has thus far cost me 40k. I don't earn a lot of money and my solicitor's charge-out rate is over $700 per hour - he is a Director at his firm. I have a view that he is elongating the matter as much as possible to maximise his fees. One example of this is that he charged me several thousand dollars to prepare an affidavit - and then lodged the case in the FCA where an affidavit is not required. I'm at the limit of my stress levels and can't take much more of this.
We've had two conciliation conferences at the FCA. At the most recent one, early March 2020, we reached agreement on a payment (to me) and super split (to her). Procedural fairness was sought from my superannuation fund for the super split and the consent orders were signed by both parties and sent to the FCA Registrar in very early April. On 30 April my solicitor advised me that my ex had written to the court advising that she had lost her job due to COVID-19 and that she now could not get finance from the bank to transfer the housing loan into her name. My solicitor has advised me that after speaking to my ex's solicitor that I now have to wait until my ex regains her job and thus qualifies for finance before the final orders will be signed. He also inferred that if my ex either does not regain her job or get finance approved from the bank that I will have to negotiate a brand new agreement.
I don't understand why, after previously reaching an agreement, I will potentially have to 'go back to the start'. I feel like I am being played for a fool by my solicitor and that my costs will never end. I'm seriously considering either running the matter myself from herein or engaging another, cheaper solicitor.
My questions are: In this situation, does the intervening event of her losing her employment mean that the registrar will not sign the current orders? And, why is my solicitor negotiating this with the other party's solicitor rather than the Registrar?
Thanks
