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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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I am trying to get help for a friend who does not know where

Resolved Question:

I am trying to get help for a friend who does not know where to turn for help. Because of her ethnic background her husband has always controlled her, the money, etc. They have two children and she bravely sought a divorce. I went to court with her. They got the nisi and I said not to get the absolute until the financial settlement was sorted. Somehow, and against her wishes he managed to get the absolute. I think he may have broken the law. She is living in their £800,000 house with their children, he pays all the bills but has ceased to pay the mortgage, is giving her no maintenance so she and the children face eviction. She now has form E but is not sure how to complete it. He is not completing his. Is there anywhere she can get legal help without having to pay fees upfront? I suggested legal aid but she says she has tried but told she doesn't qualify. Can anyone offer advice as to where she can go to get help please?

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.
Has a Financial application actually been made?
How old are the children?
Clare
Customer: replied 2 years ago.

Thank you Clare. The children's dobs are Ravi 1/12/01; Isha 21/10/07. My friend went to a mediator for help with the financial settlement and they were asked to bring outgoings, income etc to the next meeting. My friend took hers but husband had not brought anything. The mediator has said he cant help further as the husband is deliberately not cooperating. My friend had said to me that they were supposed to be filling in Form E but no financial application has been made yet. She is petrified that he is deliberately not complying. I keep telling her about White v White, the kind of assets that they hold jointly - at age 53, he is a doctor of about 30 years standing so at the very least the value of the pension must be very large - house worth £800,000 etc , but she fears homelessness with him taking the children and does not know how to fight him with no access to money.

Expert:  Clare replied 2 years ago.
Hi
Has she applied to the CMS for Child Maintenance
Clare
Customer: replied 2 years ago.

She says that she did apply to the CMS and he has since reduced his declared income by over 25% and claiming he has debts from a previous relationship. She has asked CMS to provide details as she believes this is all part of his strategy and that he is playing the system. Where can she get help before it is too late, as they face eviction.

Expert:  Clare replied 2 years ago.
Hi
The starting point is to make an immediate application to the court for the Financial issues to be dealt with
This is done using this form
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
The fee is £255 but your friend may be entitled to fee remission.
She must tick the box for spouse maintenance - and draw the attention of the court to this so that they can list an urgent hearing.
For that hearing she will need to file a statement which sets out her expenses and her income from all sources.
She can also ask for money to pay legal fees so that she can be properly represented
I hope that this is of assistance - please ask if you need further details
Clare
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