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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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in a divorce settlement of a marraige of only 13 weeks, my

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in a divorce settlement of a marraige of only 13 weeks, my ex wife made a ficticious claim that she put money into the relationship and my property , these were lies , and i proved to the max to my solicitor that these were lies paper evidence and everything to point the finger. i put 10000.00 pound into this solicitor to put a stop to these claims and prove in court and stand for me. on the final court hearing the judge placed us (my ex wife and i ) in seperate rooms for me to negotiate her out of my life . i had to stump up a 9000.00pound pay off too . she had no evidence or any paperwork to say she was owed a claim. my solicitor never used any evidence or spoke any words to prove my ex had lied . just negotiated the pay off offers made on the day.. my view is if my ex wife was owed money i would of gave her it. i would also of not put 10000.00 pound into a leagal battle too if i was not in the right.. the judge asked her barrister have you any paperwork ? there response ... no other than ATM cash transactions and i am talking 20 . 40 . and small amounts like this peoples everyday normal amounts no consistancy .. so i feel cheated also we had no children together either... so my ex walked away with 9k and my leagal bill was 10k i also paid the approx of 8 to 10k wedding... all for a 13 week marraige and a total probably of 2 half years together .... your view please thanks
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long were you physically living together?
What assets and debts and income do you each have?
Clare
Customer: replied 3 years ago.

we lived together approx 1 year .... her income was approx 17k mine about 22k i had no debts .. she had about 20k in debts these were historic before relationship took place.. everything i owned which amounted to about 400k was pre owned before marraige and relationship ... she contributed nothing to my assets... they were all in my name even my self employed plumbing and heating business was valued .... she contributed add hock payments to everyday living ie gas electric and such like... my bone of contention is . she wasn't awarded a 9k pay off but . i was put in a situation to negotiate her out of my life.. and why did my solicitor back me up or speak any words to the judge that her claims were all lies .. we had all the evidence .. and they had no paperwork on any figures of any payments.. it is / was my leagal representitive who i am most annoyed with.. as i gave them 10k and i had no back up from them.. to prove to the judge that she was lying


 

Expert:  Clare replied 3 years ago.
Hi
For clarity - she left the marriage with £9000 and her debts - is that correct?
Clare
Customer: replied 3 years ago.

yes


 

Customer: replied 3 years ago.

fact of the matter is we both had full time jobs ie self sufficient .... all that was said in court was.. they were looking for a 15k pay off ... she got 9 plus i gave her 1k the day she left so she could get some rental accom.. so really she got 10k... what i can't understand is she had leagal aid for a spell... my solicitor wrote to them explaining that everything was pre owned before marraige and the shortness of marriage ... leagal aid was then withdrawn why did they see this and yet my solicitor then never spoke in court to defend ... it was black and white to me... nothing to consider in any financial gain to myself ... she even had her son of 16 living with us ..... if anyone should of had a claim it should of been me.... in a marraige so short...... what you bring to the table you part and walk away with the same

Expert:  Clare replied 3 years ago.
Hi
Actually no I am afraid not as the case of Miller -v- Miller illustrated
http://www.publications.parliament.uk/pa/ld200506/ldjudgmt/jd060524/mill-1.htm
In your case there was also a step child.
Given the extent of your assets there was never a chance that she would get nothing at all and it was the failure to make that clear from day one that your solicitor should be criticised for not for obtaining what was in fact a minimal settlement
I am sorry - I know that this is not what you wished to hear please ask if you need more details
Clare
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