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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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My brother aged 49 married a girl from the Ivory

Resolved Question:

Hello,
My brother aged 49 married a girl from the Ivory Coast in 2004 whom he met through a Christian dating agency. She was due to leave the country as she was only here for Educational purposes but obviously once married she lived here. She first wanted a divorce three years later, we're not sure why but gave up on that until last year - it is now going to court after a year of disagreements between his Birmingham solicitor and her London one. My brother works as a part qualified accountant at a firm in Birmingham and we think owned his house before she came to the country or would have paid most of the mortgage as he lived alone. He is the only one who has a job and pays all monies. Although they live in Birmingham she insisted on getting a London solicitor and my brother bends over backwards to keep her happy and did not insist on a Birmingham solicitor for her even though he has a cheaper Birmingham one and he pays all monies from his wage. After months of solicitors not agreeing on terms she complained to her London firm that she couldn't afford to continue with them but they said they would take their fees from her divorce settlement so not to worry! Now at last we have a date in July but the case is to be settled in London. We can't imagine what the London solicitors are asking for that his Birmingham solicitor is taking great exception to - surely his wife would not be entitled to half his money as she has never contributed a penny to the household or maybe only 6 - 12 months wages from her only job - is it strictly 50/50 these days no matter what? There are no children involved but we wonder what she has told her solicitor as she once told one sister she'd had a miscarriage and also said our brother didn't treat her well even though he has given her everything and been the only breadwinner, though she is ten years younger - she gave up a job at the railway as she said she should have been given the promotion she applied for. He is such a nice person and once married rightly put her first in everything. But she has caused such stress in the family -she refused to attend our parents Golden Wedding celebration shortly after they had paid for her wedding as she had no family here to pay for her. She said this was due to being upset by a private email sent to him by his sister asking for advice on how to help her settle in to the family. She used this as reason to refuse every attempt by the family to involve her in future family get togethers at Christmas, she even refused to come downstairs to accept a special gift our mum and dad had brought her back from Rome as they said she was now their daughter too. I only include this detail in case she is somehow using a twisted version of events to somehow win money for stress - could this be part of a divorce settlement even if untrue? Our brother's Birmingham solicitor said he should get it sorted once and for all by taking her to court but he said he felt sorry for her and didn't want to put her through this but now it seems they have a court date is in July but in London! Why does it have to be there when they both live in Birmingham and is it true that London solicitors will fleece him for every penny for -we can't imagine on what basis - emotional stress or some made up case about his treatment making her so stressed she can't work or something mad like that - we just don't know but we are so worried as he finds anything personal like this very difficult and we worry he'll just give her money to save having to fight for his rights- he hates confrontation. What do you think these London solicitors are fighting for that his solicitor has said - no way - over? He still allows her to live in his house and have access to his bank account and he has paid for Skype so that she can speak to her mum in Africa whenever she wants, he has been so good to her and we are so worried for him as he says he has no money left to afford any holidays any more but as an experienced hard working accountant in a Birmingham firm with no kids to support - we don't understand where all his money has gone. Can you shed any light on what the London solicitor could be asking for and will she have a better chance of winning this in London?
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.
Do you know what offers have been made?
Clare
Customer: replied 2 years ago.

No sorry, we don't like to ask him we are all just worried why it has gone on for so many months, we only know his solicitor would not agree to their proposal.

Customer: replied 2 years ago.

Hi Clare, do you have any ideas yet about what could be being asked for?

Expert:  Clare replied 2 years ago.
Hi
It is impossible to guess what the actual issue is - other than that his ex is clearly asking for more than she is entitled to and is too stubborn to settle for a reasonable sum.
This will be why the matter has gone to court.
The process is very slow - hence the delays I am afraid.
The ten year relationship does give her a financial claim on the matrimonial home - not a 50% one but a claim none the less- with a figure of between 20% and 30% possible
It is possible that she is hoping to remain in the house permanently - but without knowing more it is impossible to say
Clare
Customer: replied 2 years ago.

How would she be able to remain in the house? Do you mean with my brother?

What about the case being heard in London? Do you think there is a reason for this that benefits her as her solicitor is there?

After the divorce would she have any claim on my mum and dad's money as both my parents are seriously ill and one may only have a few months to live.

Expert:  Clare replied 2 years ago.
Hi
It is being heard in London because she issued the Petition there - it is not in any way sinister
Once the final order has been made she has no claim on any inheritance your brother receives
Clare
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