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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33293
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 solicitor has written a urgent warning letter

Customer Question

Hi Clare, my solicitor has written a urgent warning letter to ex husband solicitor if we don't recieve the agreed amount by tomorrow 4pm. I will be making an application take matter back to court will request for full cost order. He has not responded back to her about ex husband position. I think he will not pay at all.
Asma
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
If he doesn't pay then the Judge will be even more unhappy with him - which will be good for you
Customer: replied 1 year ago.
Hi Clare, the judge will be really angry with him. The judge was impressed last month that we came to negotiation. But now ex husband has failed to do this.
I know it might be good for me but what will be ex's consequence?
Asma
Expert:  Clare replied 1 year ago.
It is difficult to guess what the Judge will do as it depends on what assets are already in your ex's name that can be transferred to you
Customer: replied 1 year ago.
Hi Clare, the FMH all is remortgaged. The two houses are in his brothers name he is deported and ex is still abroad with his brother.
Ex has not got Anytnin in his name apart from FMH! Which is all remortgaged.
Plus ex was not cross examined he avoided to be cross examined that's why he agreed to negotiate at 55k.
What might happen next?
Asma
Expert:  Clare replied 1 year ago.
Hi
There is no way of knowing.
Your strongest point is that your ex wants to return to the UK so will have to deal with the matter
Clare
Customer: replied 1 year ago.
Hi Clare, will I have to wait until he comes to the UK? Or can the judge make decsion wether he attends hearing or not?
Asma
Expert:  Clare replied 1 year ago.
Hi
That is up to the Judge
Clare
Customer: replied 1 year ago.
Hi Clare, I will let you know what happens tomorrow
Asma x
Expert:  Clare replied 1 year ago.
Hi
That will be interesting
Clare
Customer: replied 1 year ago.
Hi Clare, I am not going to contact my solicitor and wait for her to call me.
Let today go we take it from there
Asma
Expert:  Clare replied 1 year ago.
Hi
Excellent idea - just relax and let events happen
Clare
Customer: replied 1 year ago.
Hi Clare, yes I am going to relax today go out meet with family and friends keep my mind busy let things happen.
Asma x
Expert:  Clare replied 1 year ago.
Hi
That is an excellent idea
Clare
Customer: replied 1 year ago.
Hi Clare, still no news from my solicitor! I don't know what's happening. She waiting until 4pm
She will let me know. It's a waiting time. Ex no news of him
Asma
Customer: replied 1 year ago.
Hi Clare, ex did not pay. We will apply to court on Monday. Bad news
Asma
Expert:  Clare replied 1 year ago.
Hi Asma
You knew he would not pay on time - this is just a matter of being patient
Clare
Customer: replied 1 year ago.
Hi Clare, solicitor will apply to court Monday to restore matter back. If hearing takes place will ex husband turn up.
Also the two houses might end up to fraud team so he loses more. I am already lost everything any way. I have lost hope now I won't get nothing any more
Asma
Customer: replied 1 year ago.
Hi Clare, I might Aswel get myself into bankrupt!
Asma
Expert:  Clare replied 1 year ago.
Hi
You will get something - it is only a question of when
Ho;d on
Clare
Customer: replied 1 year ago.
Hi Clare do you really think ex husband will the agreed amount? He won't he knows if matter goes back to court he will have to pay more. All is my fault. His solicitor has gone bonkers I was told by my solicitor.
Ex is done a runner he will come back when all dies down.
He doesn't care if he loses everything his done a fraud that's why his ran off abroad.
I might Aswel just give up accept defeat. I have been let down by myself and my legal representative.
Asma
Expert:  Clare replied 1 year ago.
Hi Asma
You know that he wants to return to the UK - so he will pay eventually.
Try and distract yourself and understand that this is just another step on the journey
Clare
Customer: replied 1 year ago.

Hi Clare, so do we have to wait until he comes back to uk? We are going to seek cost against him. Wether he gives money next week or three times. He has to give a very good reason why he couldnt pay today.

If he does not return to UK and attend hearing it may go against him. *

Either way his not in good position.

I am passed caring now. This uk law system is very lenient on people like him and they get away with it. People like me stupid ones ends. Up suffering

Asma

Expert:  Clare replied 1 year ago.
Hi
It will go against him - but yes the system is hard on people like you
Clare
Customer: replied 1 year ago.
Hi Clare, is there a possibility the two houses in brothers name might go to the fraud investigation team?
Asma
Expert:  Clare replied 1 year ago.
I imagine so
Customer: replied 1 year ago.
Hi Clare, ex husband would not want the houses to be gone for fraud. What actions could we take not to go there?
Asma
Expert:  Clare replied 1 year ago.
That is up to him.You need to just continue as you are
Customer: replied 1 year ago.
Hi Clare, if matter is restored he gets notified of hearing but he may decide to stay abroad will matter carry on with out him?
Asma
Expert:  Clare replied 1 year ago.
I woudl expect it to yes
Customer: replied 1 year ago.
Hi Clare, my sixth sense is saying ex husband will avoid to be cross examined also he maybe aware further cost against him might take place. Will my solicitor have to deem service how we done with his brother?
His got the DA that's all he wanted. He won't be seeing my son then. He did not attend contact last week to see my son. It's gone all pearshaped for ex
He can run but he can't hide
Asma
Expert:  Clare replied 1 year ago.
If he wants to avoid cross examination then he will find the money - and the DA is useless if he cannot bring his new wife to the UK
Customer: replied 1 year ago.
Hi Clare, my main issue is he did not adhere to the order. Will there be a consequence for him because he did not meet the deadline?
Asma
Expert:  Clare replied 1 year ago.
Yes there will be
Customer: replied 1 year ago.
Hi Clare, the way he has Been behaving through whole of these proceedings and information you already aware do you think he will pay the full amount and come back to UK? My heart is saying he won't to avoid to pay me and being cross examined? What is your view?
Asma
Expert:  Clare replied 1 year ago.
Oh i think he will
Customer: replied 1 year ago.
Hi Clare, we will have to wait and see. Normally I'm right but il see if I am wrong! If he has commen sence he will do the decent thing if not he loses out.
Asma
Expert:  Clare replied 1 year ago.
Hi Asma
Fingers croseed
Clare
Customer: replied 1 year ago.
Hi Clare, is my solicitor going to apply saying ex has breached the order or restore the matter back?
I feel I am losing my mind?
Asma
Expert:  Clare replied 1 year ago.
Hi
She is going to restore the matter - much better option for you
Clare
Customer: replied 1 year ago.
Hi Clare, what might happen if restoration is agreed?
Asma
Expert:  Clare replied 1 year ago.
Hi
Then the case resumed from the last hearing - and he will face a costs order
Clare
Customer: replied 1 year ago.
Hi Clare, do you think the judge will agree to restore matter?
I am so so sorry I feel like I am asking the repeat questions. Please don't get annoyed with me. My solicitor can't answer my questions all the time.
I wish it ended all. If he restores does this mean ex will be called to be cross examined?
Continue with the proceedings but he will liable for cost?
Asma
Expert:  Clare replied 1 year ago.
Hi Asma
Please do not worry - it is your depression and anxiety that means you have to reassure yourself - I understand that
Yes i think it will be restored; he will face cross examination and yes he will pay costs
Clare
Customer: replied 1 year ago.
Hi Clare, Am I not ever going recover from depression and anxiety? I am not going to be use to my children if I carry on like this. You are right it's the constant reassurance I desperately need. But I can't seem to get this from anybody else. Just you and my ever so close friends.
I feel my life has been destroyed left right and centre.
Asma
Expert:  Clare replied 1 year ago.
No but you will learn to manage them better - they will never go away completely because of the events that you have lived through
Customer: replied 1 year ago.
Hi Clare, until I don't have any of my children my depression will never go away.
It's how to manage my own emotions
Ex husband is still controlling me emotionally financially and psychologically.
It won't go until I get him out of my life fully.
If ex pays before the next hearing will the matter end?
Asma
Expert:  Clare replied 1 year ago.
Hi
Yes it will end if he pays - and try and remember how far you have come despite the problems you have faced
Clare
Customer: replied 1 year ago.
Hi Clare, I do have a big psychological problem it will take many months for me to overcome.
That's good I just hope he pays he doesn't I am in deep trouble. How many weeks will next hearing be listed? I will not to be cross examined do I?
Asma
Expert:  Clare replied 1 year ago.
I am not sure how long it will take - but I do not expect you to be cross examined
Customer: replied 1 year ago.
Hi Clare, how many more hearings will take?
I saw my son today he was so happy, he won't seeing his dad. His dad told Ss his going on holiday his due a contact with his dad but he won't come he will still abroad my son is very upset with his dad. Ex has made a right mockery of this it's effecting my sons contact.
I still feel it's all my fault.
I am trying to get justice but it's taking a long time
Asma
Expert:  Clare replied 1 year ago.
HiIt is hard to tell whether there will be one more hearing or twoI am glad you had a happy time with your sonClare
Customer: replied 1 year ago.
Hi Clare, I taken home made food for him he loved it. He said to me to bring for home made food for him. I just wish I could see my other children.
He hugged and keep kissed me saying he loves me so much. I tried my best for my children.
I am happy they all safe and I am from nasty man ex.
Why ex is still being nasty to me. I still do not understand his behaviour his treating me badly. It's like his purnishing Me.
Asma
Expert:  Clare replied 1 year ago.
Hi
I am glad it went well.
Your ex is not punishing you - he is just treating you in the same way that he used to
Clare
Customer: replied 1 year ago.
Hi Clare, you are right but how long is he going to treat me like this. It will end soon. He knows very well I will not give up and walk away. I will fight this case.
Asma
Expert:  Clare replied 1 year ago.
Hi
I think he has always underestimated you
Clare
Customer: replied 1 year ago.

Hi Clare, he always used to undermine me and your underestimate me because he always knew i was weak and stupid that i would not take it this far. He is still underestimate me all my life. He has seen big diffrence in me. He knows i will not give up

Asma

Expert:  Clare replied 1 year ago.
Good!
Customer: replied 1 year ago.
Hi Clare, ex has ran off but the three houses are still here. He couldn't take the 3 properties with him. It will
All go against him. The longer this takes judge has no time to wait around for ex.
Asma
Expert:  Clare replied 1 year ago.
Hi
Exactly so
Clare
Customer: replied 1 year ago.
Hi Clare, I am feeling anxious to go back to court. Judge will not be happy at all. When matter has to be restored. I am really worried what the judge will decide to do.
My anxiety is building up. I am not sure how to control myself
Asma
Expert:  Clare replied 1 year ago.
Hi
Stay calm - it is not you the judge will be cross with
Clare
Customer: replied 1 year ago.
Hi Clare, I feel deflated now. My solicitor is not taking any calls.
I feel she is also ignoring me. I know all the difficulties I am facing nobody understands me.
Asma
Expert:  Clare replied 1 year ago.
Hi
i understand how you feel - but you need to remember that you have to pay when you speak to her - she will contact you when she has news
Clare
Customer: replied 1 year ago.

Hi Clare, ex husband solicitor called my solicitor litrallly begging het not to make the application. He said ex husband is coming back from abroad this sunday will try and sort out the funds. But my solicitor said t me she isnt convinced that ex will pay. She has now decided she will make application tomorrow.

Its better to mske the ASAP

What do you think?

ASMA

Expert:  Clare replied 1 year ago.
I agree with your solicitor - t=otherwise you will be in the same position next week
Customer: replied 1 year ago.
Hi Clare, ex husband's solicitor called my solicitor he said ex husband is returning to UK this Sunday might arrange to pay funds.
But my solicitor is not convinced he will pay she will make application tomorrow.
His solicitor was like trying to convince her not to apply.
I think he will make excuse.
What do you think?
Asma
Expert:  Clare replied 1 year ago.
hi
I think he will pay - but you need to keep the pressure on
Clare
Customer: replied 1 year ago.
Hi Clare, my solicitor said ex solicitor was buttering her up so much to convince her not to apply back to court. He was literally pleading her. Saying to her that she is a good solicitor blah blah blah.
He his showing so much desperation why is that do you think?
His not even reassured her that the funds will definitely be paid just stoping my solicitor not to apply.
Asma
Expert:  Clare replied 1 year ago.
Interesting - maybe he told your ex nothing would happen for another few weeks
Customer: replied 1 year ago.
Hi Clare, if ex pays just before the hearing my solicitor will ask for court cost. If he pays late
Asma
Expert:  Clare replied 1 year ago.
Good idea
Customer: replied 1 year ago.
Hi Clare, my solicitor will Make sure ex husband and his solicitor have more pressure on them to pay otherwise they will think we will not apply just let the week go, why did his solicitor try his upmost to convince my solicitor not to apply? What was his motto?
Asma
Expert:  Clare replied 1 year ago.
Hi Asma
No way of knowing I am afraid - but I am sure that your solicitor will keep the pressure up
Clare
Customer: replied 1 year ago.
Hi Clare, my solicitor has send the application off today. She said the next hearing will take another 3/4 weeks.
So Ex is getting away with more time to pay. What about all the stress he is continuing to put me through.
Her view is if ex pays then fine but if he pays a week before the hearing she will ask for cost because she had to arrange a barrister he might say he will to be paid because he has been booked. But we can claim for the additional cost ex has made to do.
I wanted the hearing to be arranged quick because it's a full day hearing it will take court time to find availability.
Will the hearing me before Christmas?
Asma
Expert:  Clare replied 1 year ago.
Hi
Yes I would expect it to be before christmas
Clare
Customer: replied 1 year ago.
Hi Clare, if matter is restored will the judge ask Ex why he couldn't pay? Or the case will carry on where it finished off?
Asma
Expert:  Clare replied 1 year ago.
Hi
Both issues will be addressed
Clare
Customer: replied 1 year ago.
Hi Clare, can I declare bankruptcy?
I can't wait any longer for ex to pay.
Asma
Expert:  Clare replied 1 year ago.
Hi
If you do then all the money you receive from your ex will go to the Trustee in Bankruptcy
Clare
Customer: replied 1 year ago.
Hi Clare, so it's best not to declare bankruptcy then?
Asma
Expert:  Clare replied 1 year ago.
Hi
Not of you want to keep your settlement
Clare
Customer: replied 1 year ago.
Hi Clare, will the bankcruptcy take more money? It's not a good option?
Asma
Expert:  Clare replied 1 year ago.
Yes it will - so not unless you are told there are no other options
Customer: replied 1 year ago.
Hi Clare, the application is sent out now take matter back to court. We have to wait until Monday if ex returns to UK and he pays by end of next week.
If he doesn't then it's goes back to Judge. Court decides. Ex's solicitor will be notified and put on notice.
Things are moving slowly but it's going right direction. Ex and his solicitor will have more pressure.
If he pays with in two weeks then we can cancel application.
How many weeks will it take the more week goes by he gets more time.
Asma
Expert:  Clare replied 1 year ago.
Hi
Excellent news - try and stay strong
Clare
Customer: replied 1 year ago.
Hi Clare, I think I need to do CBT course. My mental health is just getting worse. I am worried all the time. I am unable to stay calm and relax.
It's unexpected I am more worried about. What is ex is going to do over the next few week.
I just can't trust him anymore.
I am mentally worn down and physically. Where ever I turn always everything is going wrong for me.
Asma
Expert:  Clare replied 1 year ago.
Hi
A CBT course is a very good idea
Clare
Customer: replied 1 year ago.
Hi Clare, my solicitor did
Not forward me the application she sent court. She is starting to annoy me. I know she might be busy it's only few Minute job
Asma
Expert:  Clare replied 1 year ago.
Hi
But it is not an urgent job Asma and accordingly you need to wait for a few days to receive it
Clare

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