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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33806
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, I really do not know why ex is being so so difficult

Resolved Question:

Hi Clare, I really do not know why ex is being so so difficult all through the marriage he gave me hard life caused loss of my children and now with this properties. What he benefiting from all this? Does he think he will get away from all this? Does he think I will get absolutely nothing? He is still making me suffer nothing is happening to him. Why does these sorts get away with the law?
Many thanks
Asma
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi Asma
Thank you for your question.
I think this man really does hope that you will receive nothing - but he is wrong and hopefully the law will in fact resolve this for you
Clare
Customer: replied 1 year ago.
Hi Clare, the reason he is doing all this and playing law in his hands and playing cat and mouse game is because I left the marriage in his own little world he thinks if women leave their husbands they are not entitled to nothing at all.
If I do get reasonable settlement by the court will I not be entitled to claim benefits?
Many thanks
Asma
Expert:  Clare replied 1 year ago.
Hi
I suspect you are right with the reason.
Your means tested benefits will be effected by any settlement you receive
Clare
Customer: replied 1 year ago.
Hi Clare, my solicitor will be writing position statement to take matter to the final hearing after the 18 th may hearing.
My solicitor will organise a process server before the final hearing. After how many weeks will the final hearing take place?
Hopefully it going to be decsion on all three properties
Many thanks
Asma
Expert:  Clare replied 1 year ago.
Hi
That will depend on the availability of Court time - hopefully not too long
Clare
Customer: replied 1 year ago.
Hi Clare my solicitor did say judgement will be on the final hearing. Shall I take the risk and pay for the process server?
We might or might not get more info about ex and his brother?
If ex still denies they not his then what might happen?
Many thanks
Asma
Expert:  Clare replied 1 year ago.
Hi
You must be guided by your solicitor on that one as she has all the informtaion
Clare
Customer: replied 1 year ago.
Hi Clare, that is true but she did leave the decsion on to me to make. I have time until the final Hearing. We are hoping this coming hearing and final hearing.
Asma
Expert:  Clare replied 1 year ago.
Hi
That is difficult.
However you do wish to have the best chance of success
Clare
Customer: replied 1 year ago.
Hi Clare, so do you suggest to send the process server before final hearing?
Asma
Expert:  Clare replied 1 year ago.
Hi
If you can afford it then you will never wonder if it was a mistake not to have done so
Clare
Customer: replied 1 year ago.
Hi Clare, ex husband has send his deficiences. A lot of the answers he has given still very Untrue. He alleges I opened post office account for him and I closed it apparently. I have noteven opened an account for him and closed it. And how would I know the bank detalis.
If he recieved rental income from purchasing the house in 2008- 2014,
He must of recieved rental income for 6 years. He could have paid his debt off.
Why did he have to remortgage £37,000 last year June 2014?
It's just does not make sense.
Also he had forcefully taken benefits Money off me over the 5 years wher he put that Money?
Asma
Asma
Expert:  Clare replied 1 year ago.
Hi
If it does not make sense then the Court is not likely to believe him
Clare
Customer: replied 1 year ago.
Hi Clare, do you think it makes sense?
Asma
Expert:  Clare replied 1 year ago.
Hi
Not at all
Clare
Customer: replied 1 year ago.
Hi Clare, do you think I should make an appointment to see my solicitor and go through the answers? Also I am now In birmingham it will be a bit far to travel but I am willing to meet her at her London office.
It's really important I go through all this with her.
His tries will not work for him
Many thanks
Asma
Expert:  Clare replied 1 year ago.
Hi
I suggest that you deal with it via email if at all possible
Clare
Customer: replied 1 year ago.
Hi Clare, when I email her she doesn't seem to take information from what I email her. She does her own sets of questions that worries me! How can I explain to her my concerns?
Many thanks
Asma
Expert:  Clare replied 1 year ago.
Hi
Then arrange a phone appointment as well
Clare
Customer: replied 1 year ago.
Hi Clare, I will request a telephone consultation for next week. Over the weekend I will go through all the questionnaire and answrs he has given. Will there be likely that another deficiency will be carried out or that is it until the final hearing?
Asma
Expert:  Clare replied 1 year ago.
Hi
Excellent idea.
It is unlikely that another Schedule will be carried out - it will simply go forward to the final hearing
Clare
Customer: replied 1 year ago.
Hi Clare, after 18th May hearing it will likely to go to final hearing for cross examination. I have moved in one bedroom flat two rooms I am unable to afford with bills rent. It's a nice small place right for me. I am excited moving from big house.
I think I will go ahead with process server in the next week or two. Until I don't try I don't know what I can get from this. It might get more information about ex brother where about and who is really landlord of those two houses.
Do you think that's good approach?
Asma
Expert:  Clare replied 1 year ago.
Hi
Yes it seems that you have thought is through carefully
Clare
Customer: replied 1 year ago.
Hi Clare, my solicitor has arranged telephone appointment next Wednesday over the weekend I will be going through all the questionnaire and answers.
Asma
Expert:  Clare replied 1 year ago.
HI
Excellent
Clare
Customer: replied 1 year ago.
Hi clare, the fact is ex is hiding his TsB accounts or any accounts before 2.5 years that is indicating he is hiding somthing. The judge at the previous hearing said it would be easy to get statements even if accounts is closed. Ex is not showing anything before the 2.5 years.
If judge sees ex is giving vague answers or not telling the truth or does not disclose information judge will presume ex is hiding somthing.
Based on that the judge can make decsion in the relation to the properties.
Just because he does not show it does not mean it don't exist.
I think ex will be big trouble.
What do you think of this scenario?
Many thanks
Asma
Customer: replied 1 year ago.
Hi clare, I am waiting for your reply to my last question. I am really really hoping the judge will take it matter for a urgent final hearing
Many thanks
Asma
Expert:  Clare replied 1 year ago.
Hi
I think you have an excellent chance that the Judge will indeed see it this way
Clare
Customer: replied 1 year ago.
Hi Clare, why does ex think by doing so this he can get away from all this? If it's proved his brother not in the country it will be different judgment.
Obviously he doesn't know UK law now he will. It's too late
Asma
Expert:  Clare replied 1 year ago.
Hi
Indeed
Clare
Customer: replied 1 year ago.
Hi Clare, can he be done for fraud?
Many thanks
Asma
Expert:  Clare replied 1 year ago.
Hi
Unlikely I am afraid
Clare
Customer: replied 1 year ago.
Hi Clare, Atleast I am hoping for a good settlement. If there is an order how long will it take for this process to complete?
Many thanks
Asma
Expert:  Clare replied 1 year ago.
Hi
Once the Order s made is should be possible to sort the finances out within a couple of months or so
Clare
Customer: replied 1 year ago.
Hi Clare, I have now moved in to my one bedroom flat. It's has been really really hard. Look at ex his enjoying all these properties and money rental income. His living in my home town and I have to live away from my town and family struggle financially and physically on my own in a one bedroom. He gets life of luxury. His winner I am the total loser. What he lost nothing Iv lost everything my home my children. He can work live another life I'm suffering.
I hope the judge can see all this I can get what I am entitled to!!
Asma
Expert:  Clare replied 1 year ago.
Hi
I am sure the Judge will
Clare
Customer: replied 1 year ago.
Hi Clare, on the 18th May hearing the letter from SRA will be hopefully all dealt with. Exparte application for the two properties has been submitted also the deem substitute of service of ex brother has been completed. We are hoping for next stage to go urgent final hearing.
I think enough is enough now we have done all we can. Shall I take the risk and go for the process server?
This coming hearing will cost me £400. Plus soliciotrs fee. Also the process server is £350. The final hearing fee also. Will cost.
I do not understand why in his discrepancies he refers as 'my wife' his solicitor should write 'the applicant'.
My solicitors writes always respondent husband.
May be his solicitor is writing what he wants to write
Many thanks
Asma
Expert:  Clare replied 1 year ago.
Hi
Tat is likely - but it is very bad practice
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33806
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 1 year ago.
Hi Clare, it is I totally agree. I don't think they have great knowledge of family matters. It's just really unprofessional of them. My solicitor did tell me many times that his solicitors are not that good. Thats the positive side for us. How much amount of settlement will affect means tested benefits?
Will it affect a lot?
Thank you
Asma
Expert:  Clare replied 1 year ago.
Hi
In general terms if you hold more than £8,000 you do not receive any means tested benefits
Clare
Customer: replied 1 year ago.
Hi Clare, just an example how much am I hoping to receive from the FMH? If he has taken £37000 remortgage? How much will I get. House is valued £85000?
Asma
Expert:  Clare replied 1 year ago.
Hi
It is hard to assess - but you could receive all of the equity if the judge believes that your ex has other funds
Clare

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