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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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Hello , I divorced my husband back in 2008 , but we never went

Resolved Question:

Hello , I divorced my husband back in 2008 , but we never went for the absoult as we got back together in 2010 , we have split up again due to his affairs with other women I have found out about again , I was wondering do I restart the divorce proceeding ? Or is it only the absoult I apply for ? As I wish this time around to do a finanical settlement , as last time I walked away with nothing for me and my children as our martiable home is his grandmothers and is left to my husband in her will . Also he has a business and I don't know where I stand as he is threatening me that I am entittle to nothing ? Regards Chantelle
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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 far did the divorce reach last time?
Clare
Customer: replied 2 years ago.

Hi claire , We both got the decree nisi and that was all .

Expert:  Clare replied 2 years ago.
Hi
How much are the house and the business worth and what other assets are there?
What income do you each have and how old are the children?
Clare
Customer: replied 2 years ago.

Hi Claire the house is worth about 350,000 but as I said be for the house is still in his nan's name and its only left to him in the will , as for he business , idont know as he fiddles his books , am currently not working as am the sole parent for my children taking to and from school but am currently seeking to go back to work nights , my childrens ages are 18 and 12yrs , my husband has no out goings to do with the house a all regards ***** ***** when moved out of the maritable home left with nothing even though was the one who brought and paid for everything , and now rent a property and my husband refuses to pay towards the cost of housing the children .

Expert:  Clare replied 2 years ago.
Hi
has he paid for any work on the property?
Clare
Customer: replied 2 years ago.

No he has never paid for anything within the property , all decorating and furniture etc was always me including new kitchen and appliances . the only thing his money has brought are his cars and 2 boats and a quad bike

Expert:  Clare replied 2 years ago.
Hi
Do you mean that you put in a full new kitchen or just the white goods
Clare
Customer: replied 2 years ago.

Hi , no I put in a full kitchen , it was always down to me to do or pay for anything within the marriage , my husband just uses his money for his needs , also he doesn't see the children at all

Expert:  Clare replied 2 years ago.
Hi
Did the new kitchen enhance the value of the property at all?
Clare
Customer: replied 2 years ago.

yes all the work done inside would enhance the propertys value as before it was very dated Regards Chantelle

Expert:  Clare replied 2 years ago.
Hi
Tricky I know - but best guess on how much is added to the value of the property?
Clare
Customer: replied 2 years ago.

Yes very trickey , well new central heating , double glazing , new kitchen and redecoration suppose would add value by about 25,000

Expert:  Clare replied 2 years ago.
Hi
And YOU paid for all of these?
Clare
Customer: replied 2 years ago.

Yes all of them regards Chantelle

Expert:  Clare replied 2 years ago.
Hi
That is helpful
What is his business?
Clare
Customer: replied 2 years ago.

He is a mechanic and rents a space in a workshop he did have his own but he had to find else where due to the owners of the site know he is currently looking for another workshop of his own

Expert:  Clare replied 2 years ago.
Hi
What was his declared income last year?
Clare
Customer: replied 2 years ago.

I have no idea its aways been hiden from me

Expert:  Clare replied 2 years ago.
Hi
Best guess based on what you know?
Clare
Customer: replied 2 years ago.

All I know is he only puts through the business what he needs too as he keeps it low so he does not have to pay rates on a workshop if that makes sense to you , really have no idea what he earns or puts through the bank as like said he has always hidden his paperwork .

Expert:  Clare replied 2 years ago.
Hi
Since you have lived together for more than six months since the Decree Nisi I am afraid that you will have to start the divorce proceedings again from the beginning
You will have to apply for the Decree Nisi to be rescinded and the original Petition dismissed so that you can start another one based on your ex's Unreasonable Behaviour
Within the new proceedings you will be able to apply for the Financial issues between you and your ex to be considered and force him to disclose his financial details so that you can make a potential claim.
However in addition and separately you have a claim against his Grandmother in respect of the house as YOU have paid for improvements which have enhanced the value of her property and that gives you a financial claim on her property - and indeed you could force a sale
I hope that this is of assistance - please ask if you need further details
Clare
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