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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33954
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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Clare, my 1st...

Customer Question

Hi Clare,
my 1st court appointment on finances in my divorce is on 21st april, I am making now my form G..
what to put there
will I be able to proceed with FDR during 1st appointment or not?
There is 30k difference in the valuations of the matrimonial home provided by her and me, I think her valuation does not represent the real sale value of the house, while mine does
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
I will do my best to help you but I need some further information first.
Is she represented at all?
Clare
Customer: replied 2 years ago.

yes, she will be

I mean she is already, I am sending paper work directly to her solicitor

Expert:  Clare replied 2 years ago.
Hi
Looking at her valuation what do you think convinced the valuer to give that figure?
Clare
Customer: replied 2 years ago.

I can not know... I have used them as well for my house, and they asked me do I want to be realistic or I want to bring the price down

Expert:  Clare replied 2 years ago.
Hi
Sorry - you both have valuations from the same valuer?
Clare
Customer: replied 2 years ago.

sorry.. lets start from scratch

there are two houses..I am talking about the house she lives in

She valued it at £240k with the agent 1 and with the agent 2 at £270k

She is withholding agent 2 valuation from the court submission

I value it with the agent 2 without knowing that she did it already,

agent 2 tels me that they did for her as well, and they give me a copy of the valuation they did for her and of the new one for me, which are the same at £270

I also used agent 1 to value the house I live in

Expert:  Clare replied 2 years ago.
Hi
Excellent.
In that case yes you are indeed ready to go ahead on the day - the valuation point can be compromised.
If the hearing doe snot go ahead then the way forward is to ask for a joint valuation!
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

do I need to explain this situation in the statement of issues ???

Expert:  Clare replied 2 years ago.
Hi
No
In the Statement of issues it is dealt with in a simple statement
1. What is the value of the matrimonial home
That is it!
Clare
Customer: replied 2 years ago.

ok, thanks, ***** ***** the form-G, I still decided to write that I will not be ready for FDR and the 1st appointment.. I just do not feel ready

I submitted all the docs required to the court.. how do I exchanges those with her solicitors, simply scan and email it to him, or propose an exchange ?

Expert:  Clare replied 2 years ago.
Hi
That is fine - but sadly "not feeling ready" will not be seen as a good reason.
You need to identify information that is not currently available that is needed to ensure that the FDR can go ahead
Clare
Customer: replied 2 years ago.

I wrote that I need further information on her earning capacity, bank details ... you are saying I can not relax much, that is understood

I asked you in the past ..it'll be more convenient, if I could talk to you over the phone .. this chat, is not the most efficient way of asking and answering, also it is impossible to exchange any paperwork

before finishing this strand with a bonus ..can you tell me how do I exchange 'issue statement', 'questions' etc with with her solicitors, simply scan and email it to him, post or first propose an exchange and wait for his reaction?

We are 1 day past the court deadline, I have not heard from him yet.

Expert:  Clare replied 2 years ago.
Hi
What is the issue on her earning capacity?
Paperwork can always be sent via the site - and whilst I can offer telephone contact as an extra it is on an individual basis each time.
You can send them to the court by post - and either email or post to her solicitor as you wish
Clare
Customer: replied 2 years ago.

she does not work from January, asking for maintenance for herself, claiming that she does not have a career , I asked her to provide me and court with the list of her degrees and jobs and also state how many interviews did she have in the past few months

I included below issues and questions, as submitted to court, just removed addresses of the houses..

list of issues



  1. How and when should the equities in and houses be divided.


2. What is the value of the matrimonial home: .

3. The Respondent is bringing up an issue and seeks an order about the equities in the non-matrimonial properties and proposes to use those to cover the private school fees she has paid for the older son’s education and to boost her own capital needs.

4. The Respondent brings up an issue of spousal maintenance

--------------------------------------------------

list of questions

-------------------------------------------------



  • I am asking to provide a history of accounts 90991954 and 93916583 dating back to January 2012.



  • I am asking the Respondent to provide a statement stating a date when her current account (31860485 or any prior accounts in her solo name) was setup to pay private school fees by direct debit.



  • I am asking the Respondent to provide her UK based employment and education history



  • I am asking to list and date all job applications the Respondent has made since the end of 2014 upto now, and indicate all resulting interview invitations, if these interviews were actually attended and if any job offers were received.



  • I am asking to provide any available confirmation if the Respondent has put an effort into independently meeting her housing costs, e.g., checking her eligibility for a housing benefit, mortgages, council housing, shared ownership schemes, etc.


-----------------------------------------------------------------------------------------------

There is significant number of points in the Respondent’s financial statement, which rise questions and require clarifications

1.13

Inaccuracy in the Respondent’s financial statement: CSA payments are not £83.57 but £95.71 per week, which is applied from 03 September 2014.

2.1

Value of matrimonial home

2.14

Apartment in Rizhskii prospect. A factual inaccuracy: The Respondent lived in this apartment from the end of 1994 to August 1996, when she moved to live with my parents and then moved to Scotland in November 1996. Hence indicating 1997 as the year, when she lived there is wrong. We never tried to sell this property, as the Respondent suggested.

2.21

Factual inaccuracy: Estimated net total of ‘all other income’ is not zero, but £4991 per year collected by CSA from my account and transferred to the Respondents’ one and used directly towards children’s needs described by the Respondent in 3.1.2

3.1.1

Transport costs of £250 per month are not justified. The Respondent has a solid car, which is going to last few more years. The Petitioner has paid £1k for the new clutch for the Respondent’s car. Also, leasing a new car can cost as little as £100 per month. Credit card: It is not clear why respondent is projecting an increase in credit card payments from £200pm to £300pm.

3.1.2

School fees are double counted in 3.1.2 (income needs for children) and 3.2.2 (capital needs).

3.2.1

Here the Respondent includes car costs of £15000, why then £250 for transport is included in 3.1.1. Music lessons and swimming totalling at £2000 are already accounted for in 3.1.2.

4.1.1

The Respondent states the amount of £65k of savings used by the Petitioner to buy his house, while the whole deposit was £50k and the rest was covered by the mortgage.

Expert:  Clare replied 2 years ago.
Hi
Ok
On the statement of issues swap round 1 and 2.
Get rid of three - it is not your issue
The new three should be
What is the earning capacity of the Respondent
and 4 should be Is this a suitable case for a Clean Break settlement
Your questionnaire needs a little re-ordering.
You start with the questions based on the actual Form E
There are questions - not comments.
So none of the points you listed are relevant
The other questions shoudl be phrased as questions as in
. Please provide copy statements for accounts number xxxxx and xxxx and the account from which the direct debit for school fees has been paid
etc
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33954
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Clare,

Can I ask if you think it is possible for you to review hers and mine forms-E , issue statements, etc when available, in time to prepare me for the 1st appointment on 21st.

I still see no way of uploading files through this site...

After I changed my Issues and Questionnaire according to your latest advice, I have also replaced form-G and stated that I'll be ready for FDR on 21st...

Expert:  Clare replied 2 years ago.
Hi
The forms can be sent to me via the site - I will get Customer Services to contact you
Once I have them I will send you an Additional Services Offer to review them
Clare

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