Terms and Conditions

1. Please read these Terms and Conditions. We will ask you to confirm that you have read and agree to these Terms and Conditions before you purchase our services.

Introduction

2. These are our standard Terms and Conditions which will set out the contract between you and "Urrutia & Co (Solicitors) trading as www.lowcostdivorcesolicitor.co.uk. This document also addresses the statutory information concerning certain rights you have under The Consumer Protection (Distance Selling) Regulations 2000.

3. These Terms and Conditions are governed by the laws of England and Wales. By continuing to use this site or instructing Urrutia & Co to undertake legal work on your behalf you are accepting that these Terms and Conditions will be adopted to regulate the transaction between you and Urrutia & Co. If you do not wish to be bound by these Terms and Conditions please do not continue to use this site, nor instruct Urrutia & Co. By continuing to use this site or by instructing Urrutia & Co you agree that you have read and understood these Terms and Conditions and that you agree to be bound by them.

4. If any of the terms contained within these Terms and Conditions are deemed unenforceable then the affected term will be severed from these Terms and Conditions in part or in whole to render the remaining terms valid in English and Welsh law.

5. Urrutia & Co aim to accept instructions from all interested parties. However, the intention to create legal relations will only occur after all suitability and conflict checks have been completed by Urrutia & Co. This applies whether or not you have sent a retainer to us or paid for our services online. Clearly should you send us a retainer, or pay for our services online, and we are unable to accept your instructions then your retainer or payment will be returned to you. You agree that the responsibility for checking for, and interpreting, conflicts of interest rests ultimately with Urrutia & Co. Urrutia & Co will assess its ability to take on instructions in all cases.

Cancellation, Returns and Refunds

6. In accordance with The Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your instructions within 7 days of instructing us. You do not need to give us any reason for doing so. Although, we would be grateful to receive your reason for cancellation to assist us in the future provision of our services. The effect of cancellation within this period is that the contract shall be treated as if it had not been made. In this case where no work has been undertaken you will receive a full refund of any money you have paid to us for our service. However, your order is primarily for the provision of services, therefore, should you instruct us to carry out work on your behalf within this 7 day period we reserve the right to charge for the work incurred as a direct or indirect cause of your initial instructions. This will then form the entire contract.

7. After this 7 day cooling off period you will not be able to cancel the contract once delivery and performance of the service has begun. However, you can obviously end your instructions to stop the continuation of the contract.

8. No other returns or refunds for our fixed price services will be offered or agreed.

The Proceeds of Crime Act 2002 and "Money Laundering"

9. Whilst solicitors have a general duty of confidentiality to their clients all solicitors have a duty to refer suspicious activities of clients, or anyone else involved in a case, to the appropriate authorities under the provisions of this Act. It is an offence for us or anyone else to prejudice an investigation by “tipping off” a person who is the subject of suspicion or any third party that a person is suspected of money laundering.

10. As a Firm we are also required to verify the identity and residential address of clients. If we are not given satisfactory evidence of this by you we may be required to refuse to accept, or continue to accept, your instructions.

Uncontested or Contested Divorce

11. It will be assumed that your case can be dealt with using this uncontested process once you have purchased either of our standard uncontested services. We will always aim to complete your divorce on this uncontested basis. However, should your divorce become complicated or contested, or either you or your spouse fail to co-operate with the process then we will need to advise you of the alternative options available to you. Should this be necessary all additional costs will be notified to you. Should your case be converted to be progressed under the complicated or contested service when the complication is resolved your case will return to be conducted under the uncontested service.

Jursdiction

12. All advice, proceedings and documentation relate only to the England and Wales jurisdiction.

Court Fees

13. All Court fees and disbursements are extra. The Petition issue fee is £550. The application for Decree Absolute is no longer charged for separately. The application for approval of a financial Consent Order is £50. There are other Court fees possible as well as other charges for disbursements like requesting a duplicate marriage certificate and swearing an affidavit with another solicitor. These will be notified to you as appropriate or upon request. A duplicate marriage certificate typically costs £9.25 from the Registry. To swear an affidavit with a solicitor if required should not usually exceed £11. To swear the affidavit at the Court is normally free. However, these costs are accurate as at 21st March 2016, but can vary and any increase is the ultimate responsibility of you the client.

Data Protection

14. All information provided by and recorded about you, your spouse, your children and your divorce will be processed in accordance with the Data Protection Act 1998. We are registered with the Information Commissioner’s Office under registration number Z1494422.

Additional Work

15. When you instruct lowcostdivorcesolicitor.co.uk we will be conducting your divorce on your behalf. This places an obligation to make progress with your case even when you have failed to respond or the Court or your spouse has not responded appropriately. This means that we may be obliged to conduct work on your behalf without your express instructions. We may even be required to represent you in Court when appropriate. Additional costs relating to all additional work or any attendance at Court is not included in our uncontested service costs. All costs for additional work or attendance at Court will be the responsibility of the client.

Product Selection

16. Responsibility for requesting the appropriate level of service rests with you, the client. Should you not seek or accept the appropriate level of service we will appropriately advise you should there be any obvious potential loss likely to be incurred by you should you intend to pursue your original course. However, should you decline to accept additional service once advised by us, or you omit to request additional advice or service with respect to any issue that may detrimentally affect the outcome of your case then you accept full responsibility and liability with respect to the outcome of this.

17. The order selection is as easy as we can make it. However, we understand that errors or mistakes can occur. If you place an order and you have made a mistake please contact us immediately during office hours and this mistake will be corrected. If you wish to cancel please refer to your statutory right to cancel at paragraph 6 above.

18. When confirmation of your order is received, this is to indicate that we have received your request to order. It does not indicate that any contract exists between us. We will provide acceptance of your request to order by sending you an invoice. When we send you an invoice a contract will exist between us from that moment on.

Delivery of Service

19. Delivery of service commences when we send you an invoice. We will normally commence delivery of service the same or next working day, depending on the time of receipt. Delivery is normally by Royal Mail First or Second class service. You can expect receipt of the first package within 5 working days. If you seek confirmation of despatch or your pack is not received within 5 working days please call or e-mail us. Please have your payment details available when you contact us. Our details are on our Contact Us page. Delivery costs are included in our fixed price to all mainland England and Wales address. Delivery outside this area can be agreed for an additional cost to be agreed.

20. We will provide you with our unique reference number on our invoice. It is at this point that we send you our questionnaire for you to complete. We need this questionnaire appropriately completed to provide our service. It is your responsibility to complete this questionnaire correctly and completely.

21. Clearly any inaccuracies in information provided to us in our questionnaire can be corrected during the approval process. If there are any omissions in the questionnaire when completed by you these details can be sought as and if required by us. Although you may send us an incomplete questionnaire, the importance of any omission of information will dictate whether this causes the service to fail, be delayed or stall. We will always request information we need if you have not initially provided this. If you do not, or cannot, provide required information then the consequences of this are ultimately the responsibility of you, the client. We will always help wherever we can to obtain missing information necessary to carry out our responsibilities as your instructed solicitor. If there are omissions to the information required to prepare your forms then you will be responsible for the additional costs for us to request this be rectified.

Skype Use

22. Use of Skype requires that you have the minimum level of computer system necessary to run this service appropriately.

Limitation of Use of Site

23. You agree not to use the content of this site for anything other than your own personal use.

Liability in Negligence

24. You accept that with respect to any negligence claim against lowcostdivorcesolicitor.co.uk will be limited to £2,000,000. Urrutia & Co (Solicitors) trading as lowcostdivorcesolicitor hold indemnity insurance up to this amount. Our insurer is Travellers Insurance Company Limited. Our policy number is UC SOL 3719035.

Reserved Right to Amend or Change

25. We reserve the right to change or amend these terms and conditions.

Governing Laws

26. These terms and conditions are governed by the laws of England and Wales.