How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33825
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

My ex husband has applied relief after and overseas

Resolved Question:

My ex husband has applied for Financial relief after and overseas divorce. I have until the 28th December to fill in and submit my Financial statement (form E, 01.15). I needs some ongoing help to fill in the Form. Are you able to help me? I would if possible like my question to be answered by the same solicitor who answered my questions regarding the same divorce. Her name is Clare.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi JaneI am happy to help you with the form - just let me know what you want to know
Customer: replied 1 year ago.

Hello Clare, thank you for answering this for me.

I have downloaded a file which gives me very detailed advice as to how to fill in Form E so my questions should all be fairly simple and straightforward.

My first questions are to just to check on which names I put in which boxes I fill in. The advice I have downloaded is for the person who has applied for the Financial order not the respondent, since my ex applied I need you to please confirm if the following is correct.

I am the Respondent and my ex the Applicant, so his name goes first in the top right hand box on page 1 on Form E and mine underneath.

Then my name goes after 'of' on the left hand side.

I tick 'spouse' underneath that,

then tick 'Respondent in the'

leave the next line of boxes blank,

I tick 'financial relief application'.

On the right hand side,

I put my ex's name,

tick 'spouse'

under that tick 'Applicant'

leave the next line blank

then tick 'financial relief application'.

It seems obvious to me but I don't want to make a mistake!

Thank you.

Jane

Expert:  Clare replied 1 year ago.
Hi Jane
The first part is fine - you have that clear.
However after it says
"the parties are" - your name goes in the box on the right not the left since your ex is the applicant
Clare
Customer: replied 1 year ago.

Hi Clare,

Thank you, ***** ***** made the corrections.

I have more questions for the moment. (!)

Again on the first page, next to my name under 'of' I tick 'spouse' and fill in today's date (or the date I send the form); is that correct?

I was sent three copies of the form and am making corrections on the copy I intend to keep so as not to mess up the other two... providing they all (eventually) read the same, it is ok if my copy is a bit messy and I just copy over the correct information to the other two by hand?

On Page 2, I am asked to put in the date of the Petition for divorce/dissolution/nullity/ (judicial) separation. Is this the date of the certificate for entitlement to a decree? I have that document, but I do not have a record of the date of my ex's petition.

Page 2, 1.11 Asks for details of the state of health of myself and our children. My daughter suffers from asthma which was of great concern to me when my ex and I parted and she was living with me (she was 17 at the time, she no longer lives with me). My eldest son (who was 22 then) was living nearby and was addicted to cocaine which was also of great concern. I was able to helped him to quit the drug. He then lived with me for almost a year whilst he was recovering and I supported him whilst he was studying for a Yacht Master's certificate.

I have suffered on and off from anxiety and depression which has been almost exclusively down to the financial hardship and my ex's behaviour.

Would it be sensible to put all of this in? (at this stage).

Am I likely to have to show evidence to prove my state of health? (I think I can).

Thank you,

Jane

Thank you.

Expert:  Clare replied 1 year ago.
Yes you are right about the first page - and you can indeed use one copy as rough and then make a clean copy - and then I suggest that you take two photocopies!Page 2 - That should be the date on the Petition itself - when it was sent in. It should be on the last page of the petition. If you cannot find it then do not worry - just put in the month and yearI.11 - all you need to refer to is your anxiety and depression (if you are challenged then you will need a letter from your doctor)
Customer: replied 1 year ago.

HI Clare,Thanks for your answers, I'm getting there!

today's questions:

On page 7, I am asked to write down any monies owed to me. I lent my husband 14,000 €, should I write this in here?

My only income is a sum of money paid monthly to me out of my father's company, it is purely to assist me and is not secure, he could stop paying it at any time.

I am putting this payment in Part 10 Income: Any other income.

I have to say what this income has been in the last financial year...presumably the uk's financial year. If I remember rightly it runs from 1st April to 31st March, is this correct?

If so should I put in my income for the year to March 2015 or this year which is not a full one?

Thank you,

Regards

Jane

Expert:  Clare replied 1 year ago.
Hi Jane
You are doing fine
Yes you can write the debt in there an dyes it does count as "any other income"
Go with what you have received THIS year and identify it as such.
Make sure that in one of the narrative boxes you make it plain that essentially your father is simply supporting you
Clare
Customer: replied 1 year ago.

Hi again Clare,

Time is running out! I have agreed to exchange financial statements on the 24th Dec, but can't work on my statement beyond the 21st (Monday) as I travel to England then.

So here are some further questions, I would appreciate it if you could get back to me as quickly as possible, thank you.

Under Financial requirements it asks me to continue the sentence: 'I anticipate my income needs are going to change because.......'

The fact is that my standard of living has been such that for the past 7 years I have not been able to pay for the things anyone living on a basic income would normally be able to. In order to catch up and improve my circumstances including my living accommodation which is inadequate, my income needs to increase so that I can do these things...for example buy some new shoes, clothes, visit the dentist, optician etc.

Should I write this into that section as I have just done to you?.

Following this I have listed my income needs either leaving out those items or putting them in at a very low rate.

Along side the items I have listed the estimated future cost of covering them if I did have the income to do so.

Is this correct?

on page 23. (Other information) 4.3

I am asked if there are any particular contributions to the family property and assets or outgoings etc.....that have been made by you, your partner or anyone else that you think should be taken into account?

Here should I add in the money given to us by my father towards the purchase of our first house together and a later sum, and then also the money I was given and held in my own bank account (85,000 GBP) that was intended for an investment but had to be used to support the family...(as I have described to you before, husband wanted to start a business and lost everything).

During our marriage my husband also inherited 25,000 GBP at one point and put the whole lot into our joint business to pay off debts. (he ran the finances!)...how much detail do I put in here? I am sure my ex will put in every penny he brought in. Should I say what I know about it or just keep it super simple?

4.4

Bad behaviour. This could be an extensive paragraph that would cover alcoholism, domestic abuse, violence and physical injury to me, financial abuse, etc. My ex will no doubt point at what he sees as my 'bad behaviour' subsequent to our separation, which was in the form of endlessly writing letters to him to plead for help to the point that he charged me with harassment. Please could you say how much I should say at this point?

almost there....I hope!

Also hoping to hear back from you soon.

Best regards

Jane

Expert:  Clare replied 1 year ago.
In order;
You need to rework that sentence to indicate that your accommodation is inadequate (say why) and also point out that the dentist and optician are over due.
Yes that is reasonable.
The money that you inherited, the money that you were given - that shoudl indeed be detailed - but only your side - not his
Make it s a short paragraph highlighting all those issue - not a detailed one
Customer: replied 1 year ago.

Thank you Clare.

I have reworded the paragraph which no reads:

because....' I need to improve my standard of living. My income was so low whilst I was supporting my children (the last one left in July 2015), that I have neither had nor been able to replace basic items such as clothing, shoes or furniture for myself. Visits to the dentist and opticians are also over due. My living accommodation is inadequate for my needs. The habitable living area of my home which has no heating or air-conditioning and is also damp, is 44 m2. It includes one bedroom of 9 m2 and is damp, there is no bath, the kitchen only has a hob and 1ft square electric oven to cook with. There is no outside storage. My landlord will allow me to make improvements but at my own costs. My income needs to increase so that I can do this.'

How does that sound?

I will shortly send you what I will write about bad behaviour.

Thanks

Jane

Expert:  Clare replied 1 year ago.
Much better!
Customer: replied 1 year ago.

Thank you again! You are a real star, thank you so much for this.

I have pasted below the next sections I have written out. Please can you comment or suggest any amendments. I have kept the last section on behaviour as brief as possible, if you think I need to cut more out please advise as to how.

Thanks Jane

Section 3 Financial Requirements Part 2 Capital needs. (page 21)

3.2

Capital needs for myself:

£ 3,000 Home improvements including: Dampproofing, Woodburning stove + installation, Air-conditioning unit, Oven & installation, Outside brickwork to close in terrace (making more habitable space). Garden.

£ 3,000 Shed or outside building for workshop or spare room.

£ 1,100 To register my car in Spain.

£ 5,800 Fusing kiln including delivery.

£ 2,000 Other equipment, benches fixtures and fittings.

£ 1,000 Website building and marketing budget.

Other information. Section 4.3 (page 23)

Before and during our marriage I contributed to our assets and outgoings by working first full time in our joint business and then part time both in our joint business and in my own business so that I could look after the children and our home.

My father contributed

£ 6,000 towards our first house,

£ 1,200 towards the last house we owned,

£15,000 at another point and we received many other smaller amounts over the years of which I have not kept records.

£75,000 Was paid to me on the 10th November 2004 for an investment. I kept it in my own bank account but was unable to invest the money as I had to support our family with it and from the income from my craft. I paid for all the domestic bills including rent and school fees.

£965.00 7th August 2007, for something for one of our children.

December 2008 my husband’s business had failed, we were behind on the rent and about to be evicted from our home. We separated. I had a £3,000 investment (in gold bullion) but no other money. I cashed the investment in and from then on supported and looked after our 17 year old daughter who was still at school until she left home in May 2010. In October 2009 our unemployed middle son also came to live with me and continued to do so for extensive periods of time until July 2015. I also supported our eldest son for a year whilst he was studying and had no home, income or transport.

Payments from my father to assist me and our children since March 2009 have been continuous and total to date approximately £40,000

They include

March 2009 £ 4,000.

April 2009 to December 2009 £ 9,000 total (£1000 per month towards my rent).

December 2012 £ 5,000

January 19th 2015 £ 1,375 towards a Personal Training course for our son

March to Dec 2105 £10,275

Payments by my ex:

Between Nov 2010 and Aug 2011 £ 3,600 (approx)

I would like the court to take into account that this is the total that was paid by him towards the care of me and our children over the last 7 years and that although I attempted to earn a living from menial work (cleaning) and some small sales of my craft it was not enough to supply even our most basic needs: even with my father’s assistance.

Each of our children needed a great deal of help, care and guidance due the many difficulties they were having as a result of the troubles and traumas they had encountered during their childhoods.

Our eldest son was addicted to cocaine and our middle son, unemployed, was also taking drugs. Our daughter was deeply depressed and had suicidal thoughts. I helped and supported them.

I would like the court to take into consideration the behaviour of my ex-husband.

In 1992 my husband, who has a long term problem with alcohol, lost control of himself and the effect that alcohol has on him. His character changed and his behaviour became extremely volatile and unpredictable, he used emotional blackmail, coercion and aggression to control and get what he wanted. Amongst other things I was subjected to regular violent verbal and physical abuse and sustained bruising and other injuries and was threaten with a knife. I called the police to our house on three occasions but never formally reported him or made a complaint. I was very cautious about what I did and felt very restricted in what I could say and discuss with him. He also controlled all of our business finances and would not give me the wages from my work separately from his. When I started my own small business in the late 1990’s it made matters worse. My ex never took responsibility for his drinking, behaviour or the injuries he caused me.

In 2003 we sold up and moved to Spain. My ex had plans to grow his small business and open a shop but our joint capital had run out and he had no money of his own so I had to support the family on my income and my father’s money whilst he did this. He put pressure on me to lend to him saying he would repay it and every penny of my father’s money. He also privately borrowed other large sums from some of his clients. His venture failed and we were left destitute. When he left for the UK he said that he would find work and put things right by supporting me and the children and repaying me and I trusted that he would. He told me to not say a word to anyone about his business or his debts here.

Since then he has admitted to his drink problem and to having ‘behaved appallingly’ and has apologised in writing but he has not supported me or repaid anything. After he met and moved in with his girlfriend he said he didn’t owe me anything. I became angry and wrote many letters to him, then he cut off all communications.

When he filed for divorce I had no money to live on or for a lawyer. After the Decree Absolute was granted I said if he didn’t settle up with me I would contact his other creditors. He then reported me to the police for harassment. His creditors, who had failed to find him or get a response from him then wrote to his employers. When they questioned him he told his employers I had written the letter and he showed them his complaint to the police.

Since then my ex’s lawyers have accused me of blackmail, harassment and libel and said they advised him to get an injunction against me and told me they would call report me to the police if I say anything about him or contact him ever again.

My husband's behaviour has caused me a great deal of distress and has also had a severely detrimental affect on our children.

There has been no answer to this yet so I have cut down and edited the paragraph about behaviour which now reads:

4.4

I would like the court to take into consideration the behaviour of my ex-husband.

He has a long term problem with alcohol. In 1992 he lost control of himself and the effect that alcohol has on him. He became extremely volatile and unpredictable, was aggressive and controlling, used emotional blackmail and coercion. I was subjected to violent verbal and physical abuse and sustained injuries and was threaten with a knife. I called the police but never formally reported him or made a complaint. He had control of our business and personal finances.

In Spain my ex wanted to grow his business. I had to support the family and lend to him, he swore to repay everything including my father’s money. He also borrowed large sums from his clients. His venture failed leaving us with nothing. He returned to the UK saying he would repay me and support me and the children and told me to not tell anyone about his business or debts here.

He has not supported or repaid me. After he moved in with his girlfriend he claimed he didn’t owe me anything. I wrote many letters to him, then he cut off communications and filed for divorce. After the Decree Absolute I said I would contact his other creditors if he didn't settle up with me. He then reported me to the police for harassment. His creditors then wrote to his employers. He told them I had written the letter and showed them his complaint to the police.

My ex’s lawyers have accused me of blackmail, harassment and libel and advised him to apply to Court for an injunction against me and warned me not to say anything about him or contact him again or they would report me to the police.

My husband's behaviour and his lawyer’s have had a detrimental affect on the children and caused me a great deal of distress.

Expert:  Clare replied 1 year ago.
How old are the children and how old were they when you separated?
Customer: replied 1 year ago.

Hello Clare,

When we separated, the youngest had just turned seventeen, the next 20 and the eldest 22.

(I am aware that the law only takes into consideration children under 18. The point I am trying to make is that suddenly we no longer had a home or anything, the children were all in some sort of state, we were also in a foreign country in a deep recession where there is little in the way of welfare support).

Expert:  Clare replied 1 year ago.
Hi Jane
You need to reduce the extent of these statements to a large degree - they can exceed the size of the boxes - but are not meant to be full statements - they may be ordered later - but not yet.
3.2 is fine.
4.3 should end after "school fees"
Your reworded 4.4 is excellent!
Clare
Customer: replied 1 year ago.

Hi Clare,

You are brilliant! Yes I did get a bit carried away, I can see that now. This is a good exercise in being focussed! I greatly appreciate your positive words and encouragement.

I have filled in everything now except the last page.

Should I say anything in regards ***** ***** order sought? (5.1)

I would like a settlement order with a lump sum payment then there can be a clean break, if not I want spousal maintenance.

I will be travelling tomorrow but will be looking out for your answer so that I can finalize everything.

Many thanks.

Jane

Ps. I will be giving you a huge thumbs up after all this help. God knows what I would have done without it.

Expert:  Clare replied 1 year ago.
HI jane
Yes you preferred Order is a Lump sum with a Clean Break.
No need to put the other option - the courts know their powers!
Clare
Customer: replied 1 year ago.

Well now it is done!

If I could see you in person I would give you a huge hug and a bunch of flowers.

Thank you so much for your, help you have been incredible.

I hope you have a wonderful Christmas and a happy New Year, when no doubt I will be in touch again for the next stage.

Best Wishes,

Jane

Expert:  Clare replied 1 year ago.
I am happy with the virtual hug and I shall think of my next bunch of daffodils as being from you!I hope you are able to have a good christmas!
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33825
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    160
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4598
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1064
    Family Law - Specialist in Divorce, Financial Relief and Children Matters