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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34274
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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i have been seperated now for just over two & a half years,

Customer Question

i have been seperated now for just over two & a half years, i left my matrimonial home in sept 2010 as i was bullied into leaving in the end when i did'nt want to & had to go into private rented accommadation, i eventually got to go see a solicitor after been threatened that if i did he would drag me down & my grown up children & their properties down with me even though they are not his children they are mine from my first marriage & she did say to me why did'nt i come see her earlier , my reply was i was too frightened, with the job i was in then i was entitiled to legal aid so we applied to the court for a dvorce on unreasonable behaviour it was granted for me, i also have been to mediation, we had to sessions which i thought was an utter waste of time as he had not done a thing about what was agreed, he was taking forever to respond to anything, anyway it feels as though i have come to real halt with all this as i have my decree nisi & so want to apply for my decree absolute but there is a property invloved which as far as im aware i still own half of & im trying to go for half of his pension if i apply for my decree absolute can i still go for the finances afterwards, i have gone down all the channels i can with my solicitors help at the time, at the moment i am no longer with my solicitor or my case has been closed for the moment as it would now cost me money to pay for a solicitor & take it to court, so i really feel stuck as to what to do now apart from represent myself in court, i am divorcing him on the grounds of unreasonable behaviour & also would i be able to apply for spouse maintenance & have it back dated which iv'e just recently know of but am i right in thinking that when i move in with my new partner the middle of july i would no longer get it......please i hope you can help as i really don't know which way to go & have so much more to tell & ask kind regards lee-ann
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question I shall do my best to assist you.
If mediation has failed then the only way forward is to make an application for the court to deal with the financial issues .
This is done by filing a Form A available here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
and paying the fee of £240 - unless you are entitled to fee remission which you may well be
This will lock you into a Court Timetable which will eventually lead to the court making a decision on the finances.
You can ask for an urgent hearing for spouse maintenance - but it cannot be backdated and if you will be co-habiting after July then there may be only a limited period involved.
Once the financial application is under way then you can apply for the Decree Absolute
I hope that this is of assistance - please ask if you need further information
Claire