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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 734
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have to draw up financial relief. I have special needs due

Customer Question

I have to draw up financial relief. I have special needs due to disability and financial support for this and adaptation to the house. I also have a child how is 15 and in a private education.
1) are you able to recommend an approach to drawing this up?
2) do you have a template for this?
3) how can I include an interim payment in lumpsum and regular payment as my ex husband has stopped paying my son's school fees.
4) i want him to continue to pay until my son leaves university. how di I get him to do this legally?
please reply promptly. Thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please can I ask - have you already been through the process of full and frank financial disclosure with your husband and come to an agreement?
Kind Regards
Caroline
Customer: replied 1 year ago.

No.

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming this. There is set process to follow.
In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your husband need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement. Everything is included in disclosure - all assets and all liabilities.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs, future care of children etc. If your earning capacity is less than your husbands then you should be seeking a bigger share - somewhere between 10 - 20%
You should also consider asking for spousal maintenance - if his earning capacity is higher than yours.
You should consider making a referral to a specialist mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
If agreement cannot be reached or your husband won't engage in providing full and frank disclosure then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim. Claims have been entertained by the courts decades after divorce / separation - so it is important that you deal with things properly.
A Solicitor can help you draft the Consent Order to protect your position for the future.
Kind Regards
Caroline
I would be grateful if you could kindly rate my answer - positive feedback is gratefully received.
Customer: replied 1 year ago.

Thank you.

Can I apply for n interim maintenance now to allow me to pay my son's school fees outstanding as stopped paying. His reason was i upset him even though I have not been in contact with him. school is presssing me for this

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Has your divorce petition already been issued by the court?
Kind Regards
Caroline
Customer: replied 1 year ago.

I have been granted permission to divorce him by cross pray.

Do I have to wait for the whole process to complete before I could resolve payments fro my son's education?

if so what is the alternative to get payment of the outstanding fees to the school. This is a problem that needs to be resolved immediately.

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
You just need to have started the divorce process in order to be able to apply for maintenance pending suit.
You should really consider making a referral to mediation immediately to see if the matters can be resolved without court. Mediation can usually make appointments quickly.
If your husband won't engage in mediation or you can't agree - then yes you can make an urgent application to the court for Maintenance pending suit - to include the payment of school fees whilst the financial matters are being resolved.
You must submit to court a Notice of Application using an Affidavit. Set out why the order is required. Once done the court should hear the matter within 14 days.
Kind Regards
Caroline
Please kindly remember to rate positively.
Customer: replied 1 year ago.

Thank you. I cannot use mediation. I cannot be in the same place with him especially to negotiate anything. He is too intimidating for me and i know it'll go wrong. The court has granted me permission to divorce him by my cross petition and placed an order on him not to contest any of my allegations having found his allegations for the divorce to be untrue. His Barrister basically conducted a trial without any witness present,except me as it was a case management conference. I had no barrister. But the judge permitted me to respond, which I did, with clear evidence of his deeds which i carry on me!

Will the court allow me to proceed without mediation first?

Can I make a conplaints against his barrister's conduct in court?

Regards

Expert:  ukfamilysolicitor replied 1 year ago.
Hello

Thank you for your response.

There are lots of mediation services that do facilitate separate appointments. It is worth speaking to a mediation service near you to see if they will do this. The court will normally only accept your application for financial relief if you have referred the matter to mediation first - otherwise you will need to obtain domestic violence evidence. It is worth reading through the application form to see if any of the exceptions apply to you.

Unfortunately the duty of care owed by your husbands barrister - is to your husband. If however you consider that he acted with professional misconduct then you should contact the Bar Standards Council.

https://www.barstandardsboard.org.uk/media/29109/bsb_how_to_make_a_complaint.pdf

Kind Regards

Caroline

Please kindly remember to rate positively

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