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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33807
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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I am going through a financial remedy stage following divorce.

Customer Question

I am going through a financial remedy stage following divorce. I want to consider pension share. But it would appear that my ex husband had not made good pension arrangement through his work pension despite he earns very good salary. he has always been mean in his nature and hates paying out or planning future that includes us, so i m not so surprise.
I have to make adequate arrangement for my old age as I suffer from disability and ill health and I have a young son to support. he has health issues as well.
How do I negotiate a fair pension sharing on this basis? Do I have to demonstrate I have no other assets to offset against my pension?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.What is the Cash Equivalent transfer value of the pensions that you each have?Clare
Customer: replied 1 year ago.

His £217K contracted out on is Form E. I know that he has not disclosed his personal pension and pension at his previous employment.

Mine £320K combined from 3 employments

Expert:  Clare replied 1 year ago.
Have you asked for details of his other pensions?
Customer: replied 1 year ago.

No I have not asked. I have just seen this on his form E.

And he has nor disclosed a number of other things - his other bank accounts, credit card that is in credit. He owns the house he claims to be renting - with clever arrangement with his brothe, through the property letting business I believe they own together. The money movement for this came be linked from his bank statement and will need to be investigated. I have done some checking with the land register and company house. He is asking for my house to be sold so he can access the equity. He also wants to by himself a house.

I have the 1st hearing on this on 15 Jaunuary. So there is little time.

1) Can I asked for all these now or in court in january. 2) How do I go about asking the missing items?

I also feel he needs to provide more than 12 months bank statements. There are wierd money movement involving large somes through othe people's accounts and reappearing in his account. Can I ask for more than 12 months bank statements too?

Expert:  Clare replied 1 year ago.
If you look at the paperwork you received giving you the dates of the hearing and for filing the Form E you will see that before the First appointment you have to file a Questionnaire.This allows you to ask for all missing documents - and to ask questions about matters arising from the papers disclosed - such as odd money transactionsI am afraid that as things stand you certainly do not wish to mention Pension sharing - not until you can prove that his pensions are larger than yoursClare
Customer: replied 1 year ago.

My solicitor has already mentioned pension sharing. I asked because i was conserned he has. How do I handle this? Do I get a barrister to help develop the questionaire? I dont see the paperwork from the court giving me the court dates of the hearing, so i did not know about filing questionnaire. I don't have the view of what he does as such until late. Can i get another solicitor involved at that stage/ or can i get him to get a barrister for advise and to draw up the questionnaire before the first appointment?

what can I do to rectify the situation?

There are other issues as he has disclosed very limited assets.

Expert:  Clare replied 1 year ago.
is your solicitor nor preparing the Questionnaire?have yo sent a list of missing items/extra questions to ask to your solicitor?
Customer: replied 1 year ago.

He only told me yesterday that he will ask a councel to assist with the quationnaire. I ahve mad an appointment to meet with him. I have sent some of my quiery and concern that my ex disclosed so little.

Wht do you advise I ask him please. He decided this following my conplaints that I don't think he is listening to me and I am in the dark as I don't see the court papers just his letter confirming he has recieved information from court and when I shoul dbe in court.

Please give me an idea of what shoul dbe asked,.

Thanks

Expert:  Clare replied 1 year ago.
It is simply a matter of working through your husband's Form E and working out what information is missing - then this is listed as a question which has to be answered.With regard to the Pension Sharing Order this is only relevant if his Pension is worth more than yours - if it is not then you do not wish to bring the issue up at allPlease ask if you need more details
Customer: replied 1 year ago.

Thank you Clare I have had an emergemcy flood incident and havt not been able to read your reply until now.

I am working through his form E and I am amaze already with the level of missed information and inaccuracies.

1) he lied on this form that he has no home of his own and is just renting and placed a high rental value on the house. The house he claims to be renting definitely beongs to him, with a clever arrangement with his brother. Thw house is completely derelick with no roof etc. The landlord is listed as the company owned by his brother and his wife. Looking at the bankstatement there are flow of transactions that suggests the rent is returned to him by his brother in a periodic manner. Why would his land lord who happens to be his brother return substantail amoumt back to him after 2 payments pattern?

2) he wants my house sold as he wants access to the equity to buy himself a home. I need to keep my house. he is not to use it as a negotiation because i would not be anle to buy a new house and have to adapt it to suit my disadility and long term plan. My son is 15. The physical, financial and phychologiacal instability and insecurity to me and my son is beyond believe. I may take early retirement due to disability abnd ill health. I want to keep the house. I do not want to sell when my son is 18. The quity in it is small and after adaptation will be wiped out. He sold his own house and did not share the equity in it. He encouraged me to buy the house in my name because he had not sold his house do he told me then. He did not tell me he sold the house for 2 years. He said he'd spent all the equity for which he gave me 3 different figures over the few weeks e talked about it. he did not pay into the mortgage of the house or any house hold bills or food. he said my salary is the family spending money and his will be invested for us and our future,

i want my house full awarded to me. It is important for my sense of hope for secure decent home for me and my son.

what type of questions could I raise to have this taken into account?

I look forward to your reply please. I appreciate your help, i am overwhelmed by too many challenges.

regards

Expert:  Clare replied 1 year ago.
At this stage you are simply using Forensic accounting on his Form E and identifying the missing information - nothing else.So concentrate on following the money and ask questions about that.
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33807
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
Customer: replied 1 year ago.

Thank you for all your help to date. I'm afraid it's not over for some time yet it seems. I need further help please.

We were in court on the 15th Jan for the first hearing of the financial relief application. issues 1) he disputed the valuation of my home and he is claiming it to be the formal matrimonial home. He had a property at the time I purchased my home. He would not agree to joint purchase and manipulately forced me to buy my home solely in my name. At the time he said his house was our family home (he forced us to get married from his property for this reason) and that was what he had made his family to understand. It was also closer to his work place and he was likely to be going back to America regularly fo weeks to months but periodically, a pattern of out life at the time. He did not contribute anything to the purchase for this reason or the mortgage payments) on completion of the purchase, he told me he changed his job to be closer to us on 15/12/99 and he would be starting the job on 10th January (House purchase completion was on 14/12/99) This caused a bit of an arguement and I insisted he had to pay to mortgage. He sold his house and never told me for 2 years or so, and continue to use is as reason for his non -contibution to mortgage. His reasons got worse and bizarre from then on. Now he claims to be renting the property he lives in. I believe and all evidence shows he he must own thsi property with a clever arrangement with his brother. The house is derrelict and unfit for human habitation. He is doing it up. He is trying to force me to sell the house. There is no equity in the house due to remortgage and liability. My solicitor thinks none of this information are relevant. Suspect he may not out them forward as he insists, as my home was the last place he lived before the separation and that's all that counts.

Is he right? if so how can there be fairness in the judgement fro asset distribution?

I will not be able to buy another house and my modest existence I know ll my life and work hard to maintain will be stripped with potentially serious consequences. I am close to retirement and likely to take early retirement in the next year or so due to health issues. I am struggling to make reasonable adjustment to the house and contingency plan due to disability. I will not be able to do so.

I want the house to be awarded to me 100%. Do you think the issues outlined above are good supporting evidence to secure my home?

Can I change my solicitor at this stage? I feel he is representing my ex-husband rather than me. He has expressed alot of worrying concerns. The barrister i managed to get him to agreeing did well with the questions and in court. She recognises every case is defferent but my solicitor said my case is no different to any other divorce case. Can I approach the Barrister directly and work with her and pay her accordimgly? I am concern she may not get relevant information via my solicitor or be directed by him on these issues? Sorry my explanation is long i feel fruastrated by by solicitor. Please reply quickly. Many Thanks

Expert:  Clare replied 1 year ago.
I am afraid that your soliictor is correct - if you lived together in the house then it was the Matrimonial Home.Who paid the mortgage is not relevant - it is who lived there that counts.However the fact that it was the matrimonial home does not mean that it will be sold - that is a matter for the court.Whilst it is a harsh thing to say it is true that sadly there is nothing unique about your case - and whilst the details of every case are different the overall basis on which it will be dealt with is always the same.
Customer: replied 1 year ago.

Ok. Thanks.

Would the court take account of the details expressed in to account in addition to the overall baiss for all?

what are the overall basis used by the court please?

Could you advise on the type of information that would help support my case to keep the house?

I know i have to address things through the FormE etc. but how much detail should I give as I was told they should be bulley point listing. I feel very venulrable.

Thanks

Expert:  Clare replied 1 year ago.
The form E is about financial information and only a minimum of information regarding behaviour should be put on it.The priority is the housing needs of the child so it is highly unikely that there will be an order for sale.The Court will look at where the capital came from - but if he does not have any pension to shar eyou cannot have a pension sharing order

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