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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34107
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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After 13 years of separation, I have been asked to sign and

Resolved Question:

After 13 years of separation, I have been asked to sign and return a form of Consent Order for the dismissal of my husbands previous Petition for Divorce. the letter states that once I have returned the form it will be submitted to the court and once the court has agreed to withdraw the previous Proceedings, they will be in a position to to present a new Petition to the Court based on our 5 year separation.

My husband originally started divorce proceedings
in June 2000.

What exactly would I be consenting to. There are certain financial issues that I would like resolved and I do not want to compromise my situation in any way.
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.
What issues do you wish to have resolved?
Clare
Customer: replied 3 years ago.

When we parted my husband was earning approximately £45k , I'm guessing he's on about £55k now (grade 7 civil servant) I was earning about £22k.


 


Due to behavioural issues of my youngest son and my poor health I gave up work in 2005 and supported us with cleaning, childcare and general household duties.


 


At the time of our separation our children were 11, 9 and 7 years old.


 


My husband paid the mortgage which has varied between £500 and £600 a month over the years. The house was recently valued at £700k, the mortgage of £125k ends March 2017 but the endowment policy has a short fall of £65k. My husband has never contributed a penny to the upkeep of the house or the children and made it perfectly clear that he wanted as little to do with us as possible.


It was a violent marriage and I felt safer not seeking financial help from him.


 


I will have a small work pension of about £7k per annum, his pension should be 60% of his final salary. I believe I am entitled to half his pension and obviously half of the house. I would like to keep the house free of any debt and he keep all his pension.


 


I am 58 years old, he is 60.


 


My 3 children (24, 22 and 20) are still at home and although they are not seen as dependants 2 of them are apprentices on very low incomes.


 


Patricia

Expert:  Clare replied 3 years ago.
Hi
What offer of settlement has he made?
Clare
Customer: replied 3 years ago.

The only communication I have had from him is the letter from his solicitor about the Consent Order. I am just trying to prepare myself and see what I may be entitled to.

Expert:  Clare replied 3 years ago.
Hi
At this stage all you are agreeing to is the dismissal of the original petition so that a new one can be issued.
You need to be aware that there is no defence to a Petition based on five tears separation - but you can delay matters while you ask the court to consider your financial position - including pension provision
When writing back with your consent I suggest that you point out that the finances will have to be dealt with and inviting them to agree to a mutual early disclosure of your respective financial positions
Without knowing the Cask Equivalent Transfer Value of his pension it is impossible to assess how realistic your plan is - but do not fear - you will still have the chance to deal with it
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you Clare.


 


Patricia

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