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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33538
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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Pls refer to my last question to Just Answer. My husband is

Resolved Question:

Pls refer to my last question to Just Answer. My husband is abroad in the UAE which is not covered by REMO. I currently get no child maintenance but he is now willing to give me a monthly amount. He says that there are forms to fill in and frankly I have no idea which ones if any. I know he has a bank account in the UK but his salary is from the UAE (he co-owns a business). Can you please clarify? Thks
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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.
Is his salary paid into the Uk account?
Clare
Customer: replied 1 year ago.

No it is not but he can transfer money to his UK account. I would also like to know if I can go to court and transfer the property into my name which is what the court ordered him to do (charge order) but he has now breached the time limit and is not doing it. Do I need solicitors to do that or can I just do it myself?

Customer: replied 1 year ago.

I'm sorry. I forgot to thank you! :)

Expert:  Clare replied 1 year ago.
Hi
You are always welcome!
If he is willing to give you a monthly amount then there are no forms to fill in.
All he has to do is send the amount to your bank and that is it all done
You can apply to the curt on a D11
http://www.familylaw.co.uk/system/uploads/attachments/0002/0835/D11.pdf
for an Order that the District Judge signs the Transfer paperwork
You would have to have the paperwork drawn up first
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.

Thank you. Who draws up the paperwork for charge order and transfer then?

Customer: replied 1 year ago.

Also, what is it that I am going to achieve if I go to court and ask for maintenance when he is not earning in the UK? Will it be a black point against him as how can the judge force him to pay me maintenance? Thks

Expert:  Clare replied 1 year ago.
Hi
You will need to instruct a conveyancer to deal with the paperwork regarding the property
I was not aware that your were considering a court application for maintenance - I understood that he had offered to pay.
Clare
Customer: replied 1 year ago.

If he doesn't pay I will go to court but not sure if I will achieve anything by doing so?

Expert:  Clare replied 1 year ago.
Hi
Does he have any assets in the Uk and how often does he return to this country?
Clare
Customer: replied 1 year ago.

He has his pension worth £65,000, a car worth £5,000 and he owns 25% of the property which is to be transferred into my name. He returns about 2-3 times a year. The property is worth approx £200,000 and is mortgage free. Thks

Expert:  Clare replied 1 year ago.
Hi
In that case is will be worth applying for a Secured Periodical Payments in respect of the children as he has assets from which you can recover any arrears!
Clare
Customer: replied 1 year ago.

Thank you. Will the conveyancer deal with the charge order too which my husband is refusing to? Would you know how much they charge approx. to do the whole transfer? Thks

Expert:  Clare replied 1 year ago.
HI
The Legal Charge is for his benefit and it is up to him to deal with!
Clare
Customer: replied 1 year ago.

But he is not dealing with it so what are my options? Thks

Expert:  Clare replied 1 year ago.
Hi
You do not need to - there is no loss to you if the Charge is not f=drafted and signed
Clare
Customer: replied 1 year ago.

That's interesting cause my solicitor who is only dealing with the property transfer is saying that if he doesn't do tthe charge order I would have to do it on his behalf and they would charge me for it. I think I am being ripped off.

Expert:  Clare replied 1 year ago.
Hi
It is more likely that they are being cautious - and do not understand family law!
Instruct them to deal with the Transfer alone and allow the court to decide if the Charge must also be done immediately
Clare
Customer: replied 1 year ago.

If the court decides to do the Charge immediately, it will not involve me or my solicitor right? It will just be the decision the court makes. Sorry to keep asking you this. Thanks

Expert:  Clare replied 1 year ago.
Hi
The Court will not do so
The only matter before the Court will be the signing of the Transfer
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33538
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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