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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33312
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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good evening I have recently been to court for a final hearing

Customer Question

good evening I have recently been to court for a final hearing for divorce. I am 64yr old with a 9yr old daughter. I was not happy with the outcome and I have appealed it was a consent order that I am appealing I was told it is difficult to appeal I have not heard anything as yet due to the Christmas holidays. Could you please let me no what you think will happen at the appeal court.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
What is the problem with the Order - when was it made - and why did you agree to it?
Clare
Customer: replied 2 years ago.

firstlythe order was made 10th dec,I halfheartedly agreed cause my counsel said it was a good deal I wouldn't do better.2 days were booked in the court I never knew we would not go before the judge the 2 barristers did it all.Iwas rushed the court was closed I was shown the order on a lap top .The order was not printed cause the court was closed I signed or rather I scribbled my name on a writing pad which they tell me is legally binding.Iwas married for 10 yrs I had savings for 20 30 40 yrs I had £100000 when I married to be left jobless penniless with a 9 yr old can not be right they did not consider my future when they were making this order I have appealed something my solicitor said I couldn't do what happens now please help

Expert:  Clare replied 2 years ago.
Hi
What are the terms that you actually agreed to and what did you think you would get?
Clare
Customer: replied 2 years ago.

I forgot to tell you we have a business lease in his name .he abandoned us and the business I have been running in order to pay the mortgage for the last two years .the mortgage is very high I have really struggled .There is no way he will pay the mortgage so I will be homeless as well. I can continue to work in the business but I will not be able to get a job at my age £200 per month for our daughter not to ask for more all my money to go into a pot pay his legal expenses give him £5000 in cash both vans which are registered to me they are used for the business I to pay every thing up to date, when he left in 2011 he left me with £95 to pay rent for shop mortgage all expenses I have spent my savings borrowed money this is just not fair he says he has nothing he is a liar so he gets the shop he will just sell up and disappear to live happily ever after and I will be left destitute the property we have in Dubai to be sold and the proceeds to come off this mortgage if this property was saleable it would have been sold by now if I sell this house not enough money to buy anything and he wouldn't have to pay new mortgage if I managed to get a new mortgage at my age that is as I wouldn't have an income only small state pension less than£400 per month I hope this is clear it is complicated I know the marriage was a scam he was also married before but put batchelor on marriage certificate I found out, all this was told to my solicitor but he did nothing I am told you could apply to his country for documents ie divorce papers and documents regarding property owned .jenny

Expert:  Clare replied 2 years ago.
Hi Jenny
Could you try and explain what the assets are and how the Order has distributed them
Clare
Customer: replied 2 years ago.

the business lease in his name.,1 house owing £200000 1 flat in Dubai worth approx. £80000 we have aflat in Algeria he denies having worth £97000 bought with remortgage money that's why we owe so much.The order gave him the shop I take the house he to pay mortgage that's what he wont do the flat in Dubai to be sold and proceeds to go to mortgage sold to who would have been sold by now if saleable £200 per month for daughter not to ask for more.He only has to pay up to £70000 on mortgage who pays the rest And he new every investment I had and every bank account including my daughters all has to go into a pot whats left goes towards the mortgage I also have to pay up to date all shop rents rates etc give him my 2 vans both of which I bought so he will walk into the business start work andhave no debts at all I owe hmrc £3000 + I owe my mother I owe on a car and so I will be in debt the rest of my life with no job no money and a child.He will get in the shop and sell it and disappear after me working single handed for the past 2 years to be kicked out by him I paid for everthing to get the shop he left us of his own free will I have really struggled to keep up payments on the business and pay£1624 24 per mth mortgage the equity is around£138000 not enough to buy anything plus my daughter doesn't want to leave our house I hope this is clear sorry Clare and thankyou

Expert:  Clare replied 2 years ago.
HI
How much is the matrimonial home worth?
How much is the business worth?
Clare
Customer: replied 2 years ago.
The buisness is a rented shop selling secondhand and new furniture the house is valued between £325 £350 000 with £200000 owing the lease expires 2 yrs time
Expert:  Clare replied 2 years ago.
Hi
If the business was sold as a going concern what would it be worth?
Clare
Customer: replied 2 years ago.

it is in a prime position a lot of people are after it would be easy to sell £50 60000 I financed this shop does that not get taken into consideration a deposit of £1375 is held all what he would get and has got is debt free I thought any divorce settlement would not put a person on the poverty line like I would be jenny

Expert:  Clare replied 2 years ago.
Hi
Did you get a formal valuation for the court?
Did you offer in the property in Dubai?
Clare
Customer: replied 2 years ago.

hi no and no jenny

Expert:  Clare replied 2 years ago.
Hi
First I have to be utterly honest with you - there is a major problem as this was agreed by Consent and that means it cannot be appealed - the court merely approved what had been agreed so there is no decision to appeal.
HOWEVER
If you can prove that he lied about the extent of his assets THEN the order could be re-opened.
In addition - as a separate issue you MAY have a claim against your solicitor as frankly it is hard to see how he could have allowed you to go to court WITHOUT a proper valuation of the business.
I appreciate that this is not the news you want - indeed I too feel most concerned about the deal that appears to have been done - but sadly the law in this area is terribly clear
Please ask if you need further details
Clare
Customer: replied 2 years ago.

clare I was not given time to go through the order I was rushed as the court was closed I only scribbled my name on a writing pad cause the order was not printed It was not explained to me that I would not be going in front of a judge the court was booked for 2 days nobody told me it was over in 1day the whole thing was a fiasco please tell me where I can go for help the law is clear to who I was never advised that I would not be able to appeal so why has the judge allowed my appeal to go to central London I am desperate jenny

Expert:  Clare replied 2 years ago.
Hi
I am sorry but the fact that you did not understand is a matter for you to take up with your solicitor (along with all the other issues)
When you say the Judge has allowed the Appeal to go forward could you explain what you mean?
Were you given permission to appeal?
Clare
Customer: replied 2 years ago.

i went to the court and filled in an application to appeal i paid a fee went before the judge i collected my appeal order and handed it to my husband and as yet have heard nothing so i am still running the shop jenny

Expert:  Clare replied 2 years ago.
Hi
Did the Judge look at the file and see that it was a Consent Order?
Clare
Customer: replied 2 years ago.

it was the same judge that we saw at the hearing .jenny

Expert:  Clare replied 2 years ago.
Hi
Now that is interesting - he/she has given you leave to Appeal?
Clare

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