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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33281
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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Hi clare, ex sent his statement of issues and chronology

Customer Question

Hi clare, ex sent his statement of issues and chronology with other documents.
His questionaire will be sent tomorrow @10am
They have not put much down they prepared it very last minute. Ex categorically denies he has any assets other than he disclosed form E.
I have raised over 40 questions on my questionnaire!
What does this capital break? I have reactivated my account
Many thanks
Asma
My questionnaire
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi Asma
I am not sure what you need to know about this?
Clare
Customer: replied 2 years ago.
Hi clare,
The capital break I meant what this means?
Ex solicitor raised it on statment of issue and chronlogy
Asma
Expert:  Clare replied 2 years ago.
Hi
AH I see
It is called a capital Clean break - it means that there is a one off capital payment which ends all the financial links between you
Clare
Customer: replied 2 years ago.
Hi Clare, the questionnaire we raised to each other need to be answered first before the capital break is ordered. Ex husband is in a rush little he knows how long this will take.
He just wants to finish all quick
Asma
Expert:  Clare replied 2 years ago.
Hi
Indeed it will
Clare
Customer: replied 2 years ago.
Hi Clare, hearing went well it's gone straight to FDR hearing. Ex has been ordered to answer all questions I raised judge said they are reasonable questions.
I also answer questions they raised.
Also it has been ordered for ex's brother to join the proceedings.
Good outcome
Valuation of the properties to be carried out.
Glad today is over.
If his brother comes in it will me more clear
Asma
Expert:  Clare replied 2 years ago.
HI ASMA
That is wonderful news
I am so pleased for you
Clare
Customer: replied 2 years ago.
Hi Clare, thank you we are getting somewhere now. Moving forward. I saw ex today he looked realy puzzled. Lost all will out slowly but surely. If his brother is hiding or his not he will be questioned.
FDR will set for January hoping. Judge is saying this case is going on long enough.
Hopefully conveyancing file will be ordered now brother is in the proceedings
My solicitor was happy outcome today
If no negotiation it will go final hearing judge will order
Asma
Expert:  Clare replied 2 years ago.
Hi
Yes it was a good outcome
Clare
Customer: replied 2 years ago.
Hi clare, we just have to wait and see if the brother does attend. My soliciotor will need to know his address to serve the court papers
She will ask OS if ex knows where his brother is currently living.
Ex looked over confident that he can answer all the questions raised. They only asked me 5 questions and we asked 42??
Ex will need to find good answers and sensible answers if he only says I don't know or I cant remember he will be in big trouble.
My barrister is saying if he doesn't attend then it will be better for us.
my solicitor says if he does more better because he going to be cross examined and be asked questions. How he was able to manage to get all those money to buy properties
Asma
Expert:  Clare replied 2 years ago.
Hi
Good
Clare
Customer: replied 2 years ago.
Hi Clare, if ex husband doesn't answer or clearly denies the questions then will the judge accept his answer? Or then he maybe cross examined at final direct?
Asma
Expert:  Clare replied 2 years ago.
Hi
If the answers are not clear then it may well be a matter for cross examination - but wait and see
Clare
Customer: replied 2 years ago.
Hi Clare, I know ex well he will completely deny he had accounts here and overseas. He will say I have never had accounts oversea, how can we prove this.
Through out these proceedings I had gathered all his information and helped my solicitor in so much info.
Ex will push it to the final hearing that's his motto. If he does not then his deliberately going to take it to the final
Asma
Customer: replied 2 years ago.
Hi clare, because ex knows the questions and now her knows where I live. I am feeling really anxious to go out by myself. Should I move from this address go else where.
I am very concerned ex might send somebody to harass me or Intimidate me.
Can I take an order against him?
Asma
Expert:  Clare replied 2 years ago.
Hi
Do nothing until something happens.
If it does report it to the Police immediately
Clare
Customer: replied 2 years ago.
Hi clare, I am concerned he will ether pay some one or send some one to my address or when I am out on my own in town, or els where That my main worry?
He know where I live
He is capable to pay some one to hurt me
Asma
Expert:  Clare replied 2 years ago.
Hi
At this stage there is nothing that you can do - carry an alarm and be aware of what is happening around you
Clare
Customer: replied 2 years ago.
Hi Clare, what type of alarm are you suggesting?
Asma
Expert:  Clare replied 2 years ago.
HI
A Personal alarm
http://www.suzylamplugh.org/personal-safety-tips/free-personal-safety-tips/personal-alarms/
Clare
Customer: replied 2 years ago.
Hi clare, I have checked the website Its not that expensive the personal alarm. Shall I ask for advice and safety to my support worker I am doing the freedom programme with? But is it affective?
Asma
Expert:  Clare replied 2 years ago.
Hi
Yes ask for the advice of your support worker.
She will have other suggestions as well
Clare
Customer: replied 2 years ago.
Hi clare, i wonder why the judge is in rush to end the proceedings soon as possible is it because it's costing both parties?
Also is it wasting court time?
If questionnaire are not fully answered or there is more missing information that need to be disclosed then I am sure the proceedings will take time to conclude. Eg conveyencing file request that could take weeks.
In my position statement my barrister had written on my behalf It has been clear that exhusband conduct through out this process has been lacking in so many words
His lack of cooperation during these proceeding have not been managed well.
Asma
Expert:  Clare replied 2 years ago.
Hi
Yes it will all take time but the Judge will be wanting to keep the momentum going to ensure that your ex does not drag on
Clare
Customer: replied 2 years ago.
Hi clare, shall I put on hold with freedom programme because if my support worker does not support with more contact also my child care solicitor is concerned the outcome of finance of the divorce weither I may get legal aid assistance.
I would rather put on hold of the freedom programme if I will not get support from her.
The whole purpose of doing this programme is to gain more contact.
Many thanks
Asma
Expert:  Clare replied 2 years ago.
Hi
No the point of the programme is to help you understand what went wrong and how to ensure that you never repeat that way of life
Only when you have reached that understanding can there be any chance of increased contact
Clare
Customer: replied 2 years ago.
Hi clare, yes I am going to continue with the programme. My support worker gave me a personal alarm she had a spare one,but she will give me an up to date personal alarm when I see her next week, the course is going well, next week we will talk about how abuse affects children.
She will review in December. She wants to wait until the divorce is finalised to see what the outcome of the properties come out.
It might affect getting legal assitance.
But the divorce may take another six months. We don't know, all ths changes I am continuing to make.
I feel everything I am doing its all holding back just because of the divorce.
If ex carries on like this he continues delaying things its going to be difficult for me.
Asma
Expert:  Clare replied 2 years ago.
Hi
In fact you are doing very well - just keep going
Clare
Customer: replied 2 years ago.
Hi Clare,if ex does not answer the questionnaire by date ordered by . Can he ask court for more time? Just he wants to prolong it to save his skin. His excuse will be too many questions?
Asma
Expert:  Clare replied 2 years ago.
Hi
He will have no excuse - he will not be granted extra time unless he can prove why he needs it - and too many questions is not a reason
Clare
Customer: replied 2 years ago.
Hi Clare, he might say that documentary evidence that needs to be provided it's taking longer than normal for him to obtain?
I am being honest with you Clare he will drag it on long as possible to avoid him having to answer. He is still the controlling the whole situation.
He thinks he can get away with all of this. He is playing really to get to be honest and give his true financial disclosure
He is really playing dumb struck all this process, try to act all innocent. He is using his manipulation tactics he thinks it all working out for him
Asma
Expert:  Clare replied 2 years ago.
Hi
Try not to worry Asma
Your solicitor is well aware of his actions and will not let him get away with anything
Clare
Customer: replied 2 years ago.
Hi Clare, thank you for your reassurance I am starting to lose patience now. It's emotionally financially draining me. I just want all this to end soon as. So I can move on and carry on with the changes I am making.
My solicitor will do everything in her capacity for him not to get away with all this.
I just hope I get the right justice and get what I am lawfully entitled to.
Asma
Expert:  Clare replied 2 years ago.
Hi
I hope it does as well
Clare
Customer: replied 2 years ago.
Hi clare, because we don't have current address of his brother for the documents to be sent to him.My solicitor has written to ex solicitor request this.
My solicitor is saying that ex will clearly say he doesn't know where his brother lives.
So we are going to have difficulty to find him. Judge has only ordered FH for valuation not the other two because his brother is named on the land
Registery.
I assume ex will not give his brothers address,
What would be your advice in how can we find him?
Many thanks
Asma
Customer: replied 2 years ago.
Hi clare, I Would be grafetful for your advise on this matter I raised earlier question
Asma
Expert:  Clare replied 2 years ago.
Hi
You will have to use an Enquiry Agent I am afraid
Clare
Customer: replied 2 years ago.
Hi clare, an enquiry agent?? If he was an illegal immigrant, I heard he was arrested taken into detention centre. I am not sure if he was let out on bail conditions.
Can we make enquires at home office? On his immigration status
Asma
Expert:  Clare replied 2 years ago.
Hi
Yes that would be a starting point
Clare
Customer: replied 2 years ago.
Hi clare, can ex husband be ordered by court for him to provide his brothers address who he doesn't have to?
My solicitor,if she doesn't get response from ex husband she will write letter to both properties and ask wether his brother resides there.
She is saying it doesn't matter if he doesn't attend she will question of 5 years bank statements from ex husband, also his account doesn't justify how he has so much money.
She is reassuring me that ex solicitor's have not much experience on family matter which is an advantage for me.
They only asked few questions she has asked almost 40.
Asma
Expert:  Clare replied 2 years ago.
HI
Your solicitor is doing well - and yes the court can order that
Clare
Customer: replied 2 years ago.
Hi Clare, I wonder why my barrister did not request that at the hearing last week. It would have been good opportunity then.
The OS seem to agree more or else everything what my barrister had requested to the judge.
I think I am worrying too much. Need to calm down. Take it slowly. My aim is to put my case to the judge that ex is a dishonest and selfish man. His only Interest is too cheat on me financially to deprive me of what I am lawfully entitled. His trying is level best to keep low. It's all coming out in the open sooner than later.
Asma
Expert:  Clare replied 2 years ago.
Hi
It was too early to do so
You do indeed need to calm down - but it is hard I know
Clare
Customer: replied 2 years ago.
Hi Clare, thank you it's not over yet. It's going to take time we all know. Financially is straining me that is the main thing.
I am not getting legal aid.
Asma
Expert:  Clare replied 2 years ago.
Hi
It will be worth it
Clare
Customer: replied 2 years ago.
Hi Clare, I do hope so. I just hope reasonable outcome so I can move on and focus on myself and positive changes I am continuing to make. My support worker from freedom programme she is happy I am making progress and she observing that I have shown good insight, realising why it all happened and I couldn't protect myself and my children.
She will review my support plan end of November.
I am relieved I have some agencies like freedom programme, councilling, report Gp triple p parenting courses a lot of changes it's all working positive slowly.
I went to volunteer at a sure start children centre today and haloween party interacting with children, painting, coloring, drawing. Really enjoyed myself
Asma
Expert:  Clare replied 2 years ago.
Hi
You are working hard - and doing well
Clare
Customer: replied 2 years ago.
Hi clare, I raised in the questionnaire that ex opened accounts for the children and asked to provide documentary evidence . If he denies that he never opened an account for any of the children. How can we challenge that in court and prove that the children had accounts he was the beneficiary of this.
Asma
Expert:  Clare replied 2 years ago.
Hi
All you can do is use whatever information that you have
Clare
Customer: replied 2 years ago.
Hi clare, ex and his solicitor is ignoring to reply to my solicitor about giving ex brothers address. My solicitor has written to his brother both address and last known address. We have to wait and see is she gets progress with this.
Asma
Customer: replied 2 years ago.
Hi clare, I can sence my solicitor can be over confident at times. Why is that you think? Is that a good thing? She says I am going way ahead of myself. She says I need to wait the questions we raised ex to answer. We have prepared our answers to the question the OS raised.
So we have done everything we can.
Asma
Expert:  Clare replied 2 years ago.
Hi
She is right - you do try and look too far ahead - but that is your anxiety and it is fine
Clare
Customer: replied 2 years ago.
Hi clare, I lived with ex for 17 years I know his tactics she didnt she does now.It's costing me nearly £2000 per hearing I am already struggling financially. I am just about surviving, we don't know what the outcome is going to be.
Her aim is to prove to the judge that ex is hiding so much is not cooperating with this whole proceedings.
Anxiety is that all this is draining me. Ex is enjoying all the money his getting off rents, benefits, other source.
It's so unfair I do feel like giving up all this its getting me frustrated and time losing and Money losing.
I am not that confident how she is. She doesn't understand all this is new to me.
Asma
Expert:  Clare replied 2 years ago.
Hi
I know it is hard - but she is there to deal with the legal side not the emotional.
She is getting the law right - but it is harder to get the explanations right
Clare
Customer: replied 2 years ago.
Hi clare, that is true her aim is to convince the judge that ex is hiding so much she wants the judge to see that. That is why the judge agreed for the 40 questions we raised to be answered by ex end of November. The judge is convinced somthing is not right. So she agreed for that normally maximum of 20 questions,we raised 40 so it's a big difference.
I can't seem to see that it's all going In my favor I'm more concerned about legal cost, and time.
The 'explanations' is that from myself or the solicitor?
Asma
Expert:  Clare replied 2 years ago.
Hi
She knows you cannot afford her to spend time reassuring you so she is concentrating on what is necessary - trust her
Clare
Customer: replied 2 years ago.
Hi clare, I do trust her she is doing everything in her capacity so I will leave her to it and focus on my freedom programme and counselling I need to this support to help me through this, i have nothing to hide, I am going to be honest and clear in my position, where I stand and I will give my best evidence if it goes to final hearing. I will prepare myself mentally and physically.
That is my aim from today to prepare myself for coming hearings think positive and speak the truth.
Ask for Justice for what I am lawfully entitled to
Asma
Expert:  Clare replied 2 years ago.
Hi
Well done
Clare
Customer: replied 2 years ago.
Hi clare, I can't control the legal system thats in hand with the solicitor and barrister. I have done everything just need to wait and sit tight what happenes when he sends his answered questionnaire end of next month. I have contact with my children next month I have to focus on that now.
I am waiting for the dates from the social worker and prepare for seeing my beautiful babies next month.
Asma
Expert:  Clare replied 2 years ago.
Hi
That will be lovely - stay strong
Clare

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