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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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Clare I have now received my ex's Form G and

Resolved Question:

Hello Clare
I have now received my ex's Form G and documents, and attached it here.
It seems that they are not planning to attend the first appointment. I don't agree that my original disclosure was incomplete: the only documents missing were one CETV and the additional state pension documents, and these were sent along with MY Form G last week.
1. This form G is in fact two days late, as was their Form E. They also claimed previously that my Form E had not been received by the court or by them, when in fact it had been received by both. I suspect that the lawyer is trying to create an impression that I am causing delays when in fact the delays are being caused by her and my ex, in order to make me pay for her legal costs. Is this possible?
2. Some points in the chronology are inaccurate. Do I need to correct this, and if so how? In particular, it gives the impression that my relationship with my new partner has been continuous, and that she and I had a plan to end my marriage from the outset. In fact, this is not true; when I and the family returned to the UK from China in 2012, I was not involved with her, and had hoped that the change of context would offer a fresh start to the marriage.
3. Do I still need to attend the court for the first appointment?
4. Should I now respond to the questionnaire? Should I send a copy of the responses to the court? Are you Clare able to assist with answering some of the points with which I am having difficulty?
5. When should I expect a response to the questions I raised in my own questionnaire?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your question.What makes you think that they may not attend?Clare
Customer: replied 2 years ago.

Attachment: 2015-07-13_140912_20150709100106513.pdf




I have now received my ex's Form G and documents, and will try to attach on the next screen. I tried to do this before but got only a one line answer and now find that my question has been “locked”.



I have the following questions about the documents:



Chronology




    1. The chronology names a current partner and gives a date when a relationship is said to have commenced. This information is partially incorrect and as far as I can see completely irrelevant. I would like to have this line deleted from the chronology: is this possible?



    1. There are other parts of the chronology that are inaccurate. Does this matter, and if so how can it be dealt with?



Questionnaire



    1. There are a number of issues with the questionnaire. Some of the information requested is in fact already in the lawyer’s hands; others would be difficult to obtain and seem to me irrelevant; others requests (eg 6) seem simply disingenuous. Should I take these matters up now, or wait for the court date?



    1. I need to ask a specific question relating to items 10, 16 and 18. First note that 10 is a typo, and should read “loans FROM friends”. In fact this loan is from one individual, the one named in the chronology. I needed the money to meet outgoings, as I simply don't’ have enough income to cover everything. I do some proofreading and editing work for a publication in Taiwan, but I instructed the publication to pay these sums directly to a relative of the person who lent me the money, who is also in Taiwan. I want to be transparent about this, but am concerned that the ex’s lawyer will twist things to present me in a bad light, or even claim that the named friend is contributing to my living expenses as a partner. So I am inclined to simply say that the editing fees were minimal and paid in another country. Is that sufficient?



  1. On Form E I stated that I was planning to live with a new partner within the next six months. In fact, she and I will be spending about one month together over the summer, after which time she will leave the UK to return to her permanent job. We may see each other again at Christmas, or we may not. How, therefore, should I respond to the 18th point on the questionnaire?


Expert:  Clare replied 2 years ago.
Hi
The Form G does not say that they will not be attending - just that there is insufficient information for it to be turned into a Financial Dispute Resolution hearing where a Judge gives an initial indication to allow for meaningful negotiations
You have submitted your chronology they have submitted theirs.
If you can show that an entry is incorrect then you can bring it to the Judges attention in the event that the date becomes relevant.
You should prepare answers to the questionnaire and take it to the hearing - try and answer as many as you can - even if it is providing further copies of evidence previously supplied
You will need to ask the court to exclude any questions you do not believe are relevant - so prepare your arguments in advance
Be absolutely honest about the loan - or say that you accept that it is not relevant to the settlement and agree for it to be ignored.
At 18 you can simply be honest - the nature of your relationship means that there will not be any communal pot in the foreseeable future
I hope to be back online daily now so please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you Clare.

The hearing has now taken place. She is now represented and her barrister was there while I was a LIP. The issues to be settled are

1. Is the 118k loan to my brother part of the joint assets. The judge seemed to indicate that there were arguments either way, and ordered me to set out in writing why I think it is not, then let R/W respond.

2. There is disagreement about the value of the FMH (she had 2 estate agents round who both say £275k; I used Zoopla for Form E and got £290k, but now up to £309k and told them about this). I imagine 275 is low and 290 is probably about right. Judge has directed to get a joint valuation done, and I have offered to accept my Form E valuation rather than 309 to save costs. Waiting for her to come back on this.

3. The barrister said I had not asked a question in my questionnaire about R/w's ability to work and would I like them to do this and provide the answer. I agreed in the heat of the moment and I'm not sure it was a terribly good idea.

POSSIBLE PROPOSAL:I am inclined to write to her lawyer and make an offer: house to be sold and mortgage redeemed, equity to her, she pays her sister back. I get to keep the loan to my brother if it ever gets paid back. I would be OK with this. The only problem is that the house value is going up and up, and the mortgage is going down and down (because I am paying it every month).

So if she agreed to this (she won't like it, but her lawyer may tell her it's a good offer), it would still be in her interest to delay selling as long as possible.

(In fact, even if the judge orders a sale down the line, this will still be a problem, won't it? And there's no way to specify a sale deadline, because that just depends on the market!)

I also wondered about offering to pay half her legal costs as a further incentive.

If I don't make this offer, would it be better to go for the joint valuation or ultimately just come down to 275?

Best wishesSmile

Expert:  Clare replied 2 years ago.
Hi
A Zoopla valuation is simply not sufficient - so you either need to agree her valuation or have a joint one
How much would a two bedroom property in the same school area cost to buy?
Clare
Customer: replied 2 years ago.

Well, I have already asked if she accepts £290k. I'm certainly not going to accept the 275 valuation until she comes back to me about the 290!

They need 3 beds not 2. There are a few shared ownership places but completely the wrong side of town. Freehold: near the school there are 2 bed places 130-150k, and 3 beds 148-175.

Expert:  Clare replied 2 years ago.
Hi
Would you be content to remain on the mortgage until the youngest is 18 assuming that she pays the mortgage?
Clare
Customer: replied 2 years ago.

yes I suppose so. But how would she pay it, and what would happen if she default d

Expert:  Clare replied 1 year ago.
Hi
That would not be your problem.
It is for her to use her child maintenance and other income to pay the mortgage if she remains in the property and in the event that she cannot maintain the mortgage then the property will be sold.
The offer should be that you transfer the property to her subject to the mortgage and that she takes responsibility for the loan to her sister
Clare
Customer: replied 1 year ago.

Thank you Clare. She has refused the 290k valuation and my suggestion of a valuer. She refused my valuer because he is the surveyor who surveyed the house before I bought it. It seems to me that he is a good candidate as he knows the property and the market. What do you think? Could there be an ulterior motive for not employing him?

Please can you look at the two attachments and comment? The PDF is the FDA instructions from the judge, and the Word doc is my response to the court, regarding the loan to my brother.

Thanks

Attachment: 2015-07-30_190905_fda_outcome.pdf

Attachment: 2015-07-30_190935_concise_stmt.doc

Expert:  Clare replied 1 year ago.
Hi
I would have refused it as well.
Instead send details of three possible valuers and ask her to appoint one.
The Statement is fine
Clare
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