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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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Ive left my wife.

Resolved Question:

I've left my wife. English is not her first language. I want to complete the forms for her so she can petition me for divorce. Can youcheck the forms for me? I tried to insert 3 files here.


 

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you
On the petition you have not completed your occupation; you need to tick the first box in part 4 and all the boxes in part 10(3)
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Thanks Clare. Do the other 2 forms look OK?


 


We haven't formally agreed anything about money etc. ALL the boxes in 10 (3), (a) and (b)? Not clear how these "orders" could be made by the court without a lot more information about incomes etc, which is not provided for on the forms. Can you explain?

Expert:  Clare replied 3 years ago.
Hi
Yes they look ok bearing in mind I know nothing of your case!
Ticking those boxes does not cause the court to make any orders at all - it simply makes it easier to apply for a Clean Break Order in the future
Clare
Customer: replied 3 years ago.

Hi Clare


 


Hm I should have mentioned that we were in contact before. Can you


access the old case?


 


If not, no matter, here's a summary:


 


1. I left her last August


2. I'm paying the mortgage where she and the kids are living - it's in my sole name. I'm also paying rent for my place.


3. I paid a lot in support in the initial months , but now she's on benefits, I have stopped. She says she doesn't have enough to live on , though, and is asking for an extra £300 a month. I (stupidly, because I always end up agreeing to her requests on the phone, just so I can get off the phone and not be pestered) agreed to this, just the other day, even though I can't really afford it.


 


Now I am going to say that I will pay the £300 (as stated in the forms you've see). If she doesn't agree to petition me, I am planning to say that I will petition her, but I won't be able to pay the £300 (for many months, even a year) because the money will be going on court fees and legal fees.


 


Q1 Does that make sense to you?


 


I have spent a fortune on mediation, but this has got us nowhere at all. In the mediations she gets hysterical and won't discuss properly.


 


She is on Employment Support Allowance so can avoid paying court fees.


 


Q2 If I send her all these documents and she agrees, can she send them back to ME and I take them to the court? Or must she do that?


 


Q3 I have tried to help her with the benefits application. I didn't actually see an official letter informing her she is on ESA though. Can she just take along the swathes of correspondence from the benefit people, which taken together make it clear she is claiming? Or is it a specific document that she needs?


 


(If I can take the documents myself, I suppose I could always just pay for her and cut my losses; I'd still be saving a lot)

Expert:  Clare replied 3 years ago.
Hi
Are you still paying the correct amount of Child maintenance?
Clare
Customer: replied 3 years ago.

Evening Clare


 


I am paying the mortgage which is 1205 a month, that is about half my salary. I am still paying her water rates (65), mobile (20) and broadband/phone (25-30). I transferred all the other bills into her name a couple of months ago.


 


As you read, I've agreed to pay 300 a month (in which I intend to include the 110-115 in the previous paragraph). But I am saying that if she will not divorce me, which she can do at no cost, I will use that 300 a month for my legal costs until it is all paid for and only then pay the 300 to her. So if I have 1200 in legal fees, she will have to wait 4 months.


 


Even if she doesn't agree, I will still pay for the next 2 months, as she has a 600 utility bill which she claims she can't pay and I don't want their power cut off.


 


And in practice I will have to continue paying the 110-115 bills anyway.


 


Simon

Expert:  Clare replied 3 years ago.
Hi
Just to check - you will pay the mortgage anyway?
Clare
Customer: replied 3 years ago.

Yes I will be paying the mortgage whatever happens. She has no way to pay it, and the kids have said in mediation that they want to stay there.

Expert:  Clare replied 3 years ago.
Hi
Then this looks fine - but she cannot be forced to apply
Clare
Customer: replied 3 years ago.

Thanks.


 


Q2 If I send her all these documents and she agrees, can she send them back to ME and I take them to the court? Or must she do that?


 


 


 


Q3 I have tried to help her with the benefits application. I didn't actually see an official letter informing her she is on ESA though. Can she just take along the swathes of correspondence from the benefit people, which taken together make it clear she is claiming? Or is it a specific document that she needs?

Expert:  Clare replied 3 years ago.
Hi
She needs to send the papers to the court - but there is no reason you should not put them in the envelope.
She needs a letter dated within the last four weeks confirming the ESA and can request this from the DWP
Clare
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