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: 33281
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

Clare...

Customer Question

Hi Clare,
Happy new year to you. I hope you had a wonderful start to the year!
You were absolutely wonderful before Xmas, I hope you can help me again.
I've received my ex's Form E financial statement and been through it with a fine tooth comb. Now I need to get through this next stage before the first Appointment. I have questions about what I've received that I need to ask the other side. Then the chronology, the statement of issues and my form G must 'be sent' I am told, by the 18th of Jan.
My first question to you is do the court have to have it all by 18th of Jan or is that the date I have to send it? Our first appointment is the 2nd of Feb, the 18th is 14 days before. If they have to have received it by the 18th I need to get my skates on cos the postage is super slow here.
Next question. Do I ask my ex's solicitor my questions in a particular format? Is there a form I am supposed to use, can I just email them?
Inevitably and as expected I have been accused of bad behaviour but I am not too concerned as the Judge will be able to see from what I have said why he's saying that and accused me of harassment.
I have my ex's financial details bank statements etc which cover the last year. Two two week periods of transactions are missing. Probably conveniently. I will be asking for these.
What I do have shows he is just breaking even. Although there is cash taken out on a regular basis, I can't see what he can be spending it on and will ask him to account for it.
He says his partners income is of no concern to him and he has no idea how much money she has. Strange for a partner not to know what their other half has and even more strange when they are a financial advisor, don't you think?
However he say he pays for half of his and his partner's household expenses. His payment to her for his half the utilities, phone, council tax, etc seems to be a reasonable, but the money he's spending in supermarkets doesn't. It averages £400 per month, If the total of their shopping is £800 per month, they must either be drinking one hell of a lot or dining on caviar and lobster three times a week!
In addition to this he also pays her a monthly 'rent' of £250. She's is an owner occupier, I don't think she has a mortgage on her house. Would I be able to ask for further information re this? She lived on her own for over 5 years before he moved in. I think he's financially supporting her.
His statements are missing two periods of banking transactions, I will be asking for them. Can I also ask for earlier bank statements, the previous three years for example? I want to check if he's hiding anything.
There is a payment into his account from his partner of £2,000. I will ask about that as well.
Answers and comments welcome.
Many thanks.
Jane
Submitted: 10 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.
Hi JaneI hope your Christmas was as good as it could beYou will find this sitehttp://www.nofamilylawyer.co.uk/useful-documents.htmluseful to give you an idea as to how these documents are set outYou can afford a couple of days slippage of the timetable - but do try and be promptAll the matters you have raised are relevant - so ask awayClare
Customer: replied 10 months ago.

Hi Clare,

Thank you! I'll look up the forms. Yes it was a good Xmas and new year, tainted though I am afraid. I wish I was more able to be above it all.

I'll come back to later.

Best wishes,

Jane

Expert:  Clare replied 10 months ago.
Hi Jane
Just let me know what more you need to know
Clare
Customer: replied 10 months ago.

Hi Clare,

this is a mission!

It's quite long as I have a lot of questions. Please can you read through and comment? Thank you.

All the best.

Jane



  1. During the parties marriage the applicant managed the couples business and personal financial accounts and was fully aware of the income and money they both had and the balances in all accounts whether shared of kept separately, the applicant also advised the respondent with her finances and helped her with her own accounts. The applicant is now employed as a financial advisor. One of the parties children has informed the respondent that the Applicant is fully aware of the applicant’s current partner’s income and how much money she has and is known to have borrowed money from her. Does the Applicant know how much money his current partner has?

  2. The Applicant informed the respondent that his current partner had been living on her own for some years prior to him cohabiting with her. Please can the applicant confirm this?

  3. The Applicant informed the respondent that when he began to cohabit with his new partner that his financial contribution to their joint living expenses would be limited to the cost of all of their shopping. Please can the applicant confirm this?


4. In the applicant’s Form E, Schedule of living expenses, food and supermarket shopping is £300 per month. The respondent considers this reasonable for one person. However the applicant’s bank account statements show an average expenditure in supermarkets, food and wine stores of £437.00 per month. This seems an excessive for one person. Is the applicant paying for all the household shopping for himself and his partner? If not please can the applicant explain the reason for the high level of expenditure?

2. In his Schedule of living expenses the applicant shows £250 per month for ‘Rent’ and there is a standing order to Marion Gaillard (his current partner) for this same amount. Can the applicant please provide a copy of his rental agreement? Is his partner declaring the rent she receives in her annual tax returns?.

3. If the aforementioned payment of £250 is not for rent and there is no lease agreement, please can the applicant explain exactly for what purpose and on what basis the money is paid? Is the applicant contributing towards an existing mortgage?

4. Whether there is a mortgage on the Applicant’s partner’s property or whether there is no mortgage, can the applicant please confirm whether or not the £250 per month ‘rent’ constitutes part of any agreement between the cohabiting parties entitling the applicant to a share of equity in the property or in any other asset? If so how much has the applicant invested to date and what is the current value of his equity share?

4. If the applicant is investing in the aforementioned property please can the applicant provide documents to show the level of the current mortgage repayments and the current value of the property?

In either case can the applicant please supply evidence to support his explanation?

5. The applicant’s Loyds Bank statements shows a payment by credit card on 26th November 2011 of £152 to Showerstoyou. A tenant of a property would not normally be required to replace a shower item, please can the applicant explain?

6. In his Schedule of Living expenses the applicant includes a contribution towards Buildings Insurance, again this is not an item that a tenant would normally pay. Please can the applicant explain?

5. In his Schedule of living expenses the applicant pays a total of £254.61 for Buildings and contents Insurance Insurances, home telephone, Gas and Electricity, Water Rates and Communal area maintenance & cleaning. There is a corresponding monthly standing order for £254.61 in favour of Marion Gaillard from the applicant’s Lloyds bank account. Whilst the respondent has no reason to doubt the payment is for this purpose she would like the applicant to supply copies of the relevant bills.

7. In his Schedule of living expenses the applicant pays £43.93 per month for Medical supplements. The applicant’s bank statements show a monthly Debit card payment of £43.93 to Simply Naturals, a supplier of Medical supplements. Both parties personally know the owner of the company and use a product called ‘Sizzling Minerals’. The sum of £43.93 is equivalent to two month’s supply of this product. Is the applicant paying for both his and his partner’s supply?

7. The applicant’s Lloyds Bank Statements account no 16935160, a credit of £2,000 was received from Marion Gaillard (the applicant’s partner) on 19th January 2015. Please can the applicant explain what the payment was for?

8. In his schedule of living expenses under Transportation, the applicant states he pays £115 per month (£1,380 pa) for maintenance servicing and Mot. The applicant’s banks statements show monthly standing orders to Motonovo finance which ceased on the 29th September 2015. If the finance was to purchase the car the applicant drives and the sum has now been settled, please can the applicant explain why his cost for transportation is still so high?

9. The Applicant’s Lloyds bank account statements show irregular small giro bank transfer payments from YTKO (his employers) totalling £214.94 over 11 months. Please explain what the payments are for?

7. The Applicant has made cash withdrawals from his Lloyds bank account over the past 12 months amounting to £3,865. Please can the Applicant explain what he pays for in cash?

8. During the parties separation in November 2012, the applicant informed the respondent that his mother planned to leave part of her estate to him in her Will, but that if he was still married to the respondent when she died his share would remain in trust until the parties were divorced. The applicant expressed to the respondent that he wanted what was bequeathed to him to be made immediately available to him and asked the respondent if she would agree to a divorce saying that she could trust that if she did agree that she would benefit as he would then be able to help/support/repay the respondent. The applicant has since informed his children of the sum of money their grandmother intends to bequeath to them in her Will. Does the applicant know what he is likely to inherit?

9. The applicant had an active business association with Dylan Martlew the owner of ……………… Does the applicant still have any financial or business involvement with Mr Martlew or his company?

10. The applicant is known to send gifts of flowers via an online service to his children yet there are no transactions in his bank accounts showing payment to such suppliers. Does the applicant have any other credit cards or bank accounts?

11. Please can the applicant supply copies of statements for his Lloyds Bank account and any other accounts including credit cards that he has had for the years 2013 & 2014?

12. Please can the applicant state the date he began to cohabit with his current partner?

13. The applicant’s Lloyds Bank statements show monthly direct debit payments to Close Finance Over, of £39.05. the payments ceased in October 2015. Please can the Applicant say what this was for?

Expert:  Clare replied 10 months ago.
The first comment is that the questions shoudl run more or less in the same order as they arise from the Form EIt is also helpful if they reference the paragraph they relate to as in"With regard to Question 2.3.4.etcxxxxx"Dealing with your questions in order1,2 and 3You cannot ask these in this format= instead" The respondent has been informed that the applicant, as a financial adviser is in fact well aware of his partner's financial position. Please confirm whether or not this is the case""What financial contribution does the applicant make to the joint living expenses"4, 2 4 and 4 - again sorry but"Please confirm the purpose of the £250 paid each month to the applicant's partner"5, 6,5,7 - all covered by the above7. Fine8. not relevant9 "please explain the reason for the small payments from YTKO7. The applicant with draws some £350 a month s cash. All expenses he lists are covered by other payments, what is the cash used for8. Unless his mother has died this is not relevant9,10,11,12 and 13 - all fine!Clare
Customer: replied 10 months ago.

Hi Clare,

Thank heavens you are there! I am putting everything in order and rephrasing the questions and will send them to you to check.

I thought the parties exchanged questions first then sent in statements of issues, the chronology and Form G, to the Court, I now know that the questionnaire goes at the same time. Please can you confirm the documents that must be sent prior to the First Appointment?

Do you think it would be wise to ask any relevant questions re my ex's claim of my 'bad behaviour' and or provide evidence to back up my claim of his? I am concerned that he may present a pile of the emails I sent to him and be seen by the judge as the good guy.

I wrote to you what I put in the section 4.4 Bad behaviour, this is what he wrote:

"The applicant has suffered harassment from the respondent for about 6 years. She has bombarded him, his new partner and his elderly mother with texts and emails that are frequently abusive, threatening and contain false allegations. She has repeatedly contacted his employer with threats and false allegations about the applicant in an attempt to destroy his good name. The situation became so bad that Dorset Police served her with a Penalty Information Notice ('PIN") in January 2015. In breach of the PIN she again contacted the applicant's mother and his employer. The respondent stated via the parties children that she would only stop her campaign against the applicant if he applied for a finance order causing additional cost for the applicant who had not wished to make such an application as there are no assets to divide. Her behaviour has put his employment in jeopardy."

(I know that this process is not to determine who's right and who's wrong.)

Form E. ref 8 lists 'inheritance prospects'. I put 'unknown' as that is the truth. An online guide to filling in the form said we must answer 'if you have an elderly parent'. Inheritance is not something I normally think about. However since my ex was always talking about his future inheritance, I felt the question was relevant. I will accept that it is not so will remove the question.

Hope to hear from you soon.

Best regards

Jane

Expert:  Clare replied 10 months ago.
HiYou have identified all the relevant documents you need to send at this stagei woudl not ask any questions regarding behaviour - it is not the stage to do soClare
Customer: replied 10 months ago.

Hi Clare,

Here are the questions. If they are ok I need to get on with the statement of issues. Any suggestions as to what I need to focus on?

This is a lot of work for the money I am paying! Hopefully you get some much shorter cases to help with to make it worth your while.



  1. With regard to section 1.7. please can the applicant state the date he began to cohabit with his current partner?

  2. With regard to question 2.15, the applicant states his average net income for the last three months is £1,913.12. Please can the applicant state which three months he has used for this calculation?

  3. With regard to question 3.1.1, please can the applicant explain why his estimated future income needs will be lower?

  4. With regard to Question 4.6 the respondent has been informed that the applicant, a financial adviser, is in fact well aware of his partner’s financial position. Please confirm whether or not this is the case.

  5. With regard to Question 4.6 (I am a little confused by your suggestion as to what to ask. My ex says he pays 50% of the joint expenses and itemises them in his Schedule of living expenses, but the spend from his bank account is higher. Please advise).

  6. With regard to 3.1.1 Schedule of living expenses. Please confirm the purpose of the £250 paid each month to the applicant’s partner.


7. In his Schedule of living expenses the applicant pays £43.93 per month for Medical supplements. The applicant’s bank statements show a monthly Debit card payment of £43.93 to Simply Naturals, a supplier of Medical supplements. Both parties personally know the owner of the company and use a product called ‘Sizzling Minerals’. The sum of £43.93 is equivalent to two month’s supply of this product. Is the applicant paying for both his and his partner’s supply?

8. The applicant’s Lloyds Bank Statements account no 16935160, shows a credit of £2,000 received from Marion Gaillard (the applicant’s partner) on 19th January 2015. Please can the applicant explain what the payment was for?

9. In his schedule of living expenses under Transportation, the applicant states he pays £115 per month (£1,380 pa) for maintenance servicing and Mot. The applicant’s banks statements show monthly standing orders of £160 to Motonovo finance. The payments ceased on the 29th September 2015. If the finance was to purchase the car the applicant drives and the debt has now been settled, please can the applicant explain why his cost for transportation is still so high?

10. With regard to the applicant’s Lloyds Bank statements. Please can the applicant explain the reason for the small payments from YTKO.

11. The applicant draws approximately £340 per month in cash from his bank account. All expenses he lists are covered by other payments, what is the cash used for?

12. The applicant had an active business association with Dylan Martlew the owner of ……………… Does the applicant still have any financial or business involvement with Mr Martlew or his company?

13. The applicant’s Lloyds Bank statements show monthly direct debit payments to Close Finance Over, of £39.05. the payments ceased in October 2015. Please can the Applicant say what this was for?

14. The applicant is known to have sent gifts of flowers via an online service to his children yet there are no transactions in his bank statements showing payment to such suppliers. Does the applicant have any other credit cards or bank accounts?

15. Please can the applicant supply copies of statements for his Lloyds Bank account and any other accounts including credit cards that he has had for the years 2013 & 2014?

Expert:  Clare replied 10 months ago.
HI
Question 4. 6 - Please confirm what payments the applicant makes to the joint living expenses as his list and the bank statements do not reconcile.
7 - remove
9 remove - it is simply not relevant
Clare
Customer: replied 10 months ago.

Hi,

Thank you again.

And any suggestions re statement of issues?

Jane

Expert:  Clare replied 10 months ago.
Hi JaneWhat assets and income is there - and what exactly do you want?Clare
Customer: replied 10 months ago.

Hi Clare,

I had £75,000 cash, as you said, before ex squandered it, it includes the £10,000 I lent him. I put the £10,000 debt down as an asset in Form E.

Since March 2015, my father has been assisting me with £1,000 pm (no agreement so insecure). His total spend to support me and the children over the 7 years since we separated is about £50,000. I have been unable to find work other than menial (cleaning) due to lack of qualifications and my age.

Ex says he has no assets, unless he's been investing in something.

His income is just over £30,000 net pa. Around £600 pm is left over/ unaccounted for after his cost of living.

I am a glass artist, I need £10,000 capital to set up a workshop. I can then earn from it. I want support from ex whilst doing this and also whatever I can get him to reimburse me for the squandered asset etc.

Regards

Jane

Expert:  Clare replied 10 months ago.
Hi
Remind me of the dates and what happened to the money?
Clare
Customer: replied 10 months ago.

Hi,

The date I was given the £75,000 was November 2004. It was for an investment, I could have invested it had my ex not had ridiculously ambitions plans to start a business and make a fortune. I was determined to hang on to it but he insisted I must support the family and him with it and my income so he could do what he wanted (I was extremely reluctant but he is a violent alcoholic). I was also coerced into lending him £10,000, all was done with 100% assurance, on his life that I would see every penny back.

He also borrowed almost £80,000 off other individuals. He had no idea what he was doing, never got the business off the ground. Got into more debt. Lost everyone's money. I had no money left at all and we were going to be evicted. We separated then. He left Spain saying he'd get a job, get help and repay and support me. He never did. He has never paid anyone back....(lied about it all to get his job as a financial advisor...etc)

Jane

Expert:  Clare replied 10 months ago.
Hi
How long has he been working?
Clare
Customer: replied 10 months ago.

Hi Clare,

Five years. Almost three in this latest job.

Jane....

Actually I think it may be 2 years he's been in this latest job, not three.

Expert:  Clare replied 10 months ago.
Hi
And he has acquired no assets in that time?
Clare
Customer: replied 10 months ago.

Hi

He says not. His bank account shows nothing but he might be putting money away...there is cash drawn each month that's not accounted for and there's the 'rent' he pays his partner, that's why I was questioning it.

I need to send the papers tomorrow!

Jane

Expert:  Clare replied 10 months ago.
Given that there are no capital assets to divide the only real issues are whether your ex should pay you spouse maintenance and/or whether he should pay you a lump sum by installments!
Customer: replied 10 months ago.

Ok, so I say it pretty much like that then?

"given there are apparently no capital assets to divide, should the applicant pay the respondent maintenance, and or a lump sum by instalments."

?

Jane

Expert:  Clare replied 10 months ago.
Hi
use the site I signposted before
then
11.. Given the difference in their incomes' is spousal maintenance payable
if not
then1.2 Should a nominal payment be ordered tor reflect the fact that the actions of the Applicant have diminished the capital position of the respondent
2. Given the fact that the Capital assets that the respondent inherited?was gifted was squandered by the Applicant should a lump sum be payable to the Respondent by Installments
You can polish those up if you wish based on the actual facts!
I do not remember f he has a pension - if so then
3. Should there be a pension sharing order
Clare
Customer: replied 10 months ago.

Clare thank you,

I have just received the pre first appointment documents from the other side via email. There are 9 pages in total including references/ defence of his behaviour and more allegations re supposed bad behaviour on my part. I have time today to include same in mine, wonder if we could talk? I am will find funds to pay more to do so but not much. I am seriously beginning to panic.

Jane

Expert:  Clare replied 10 months ago.
Stay calmWhat is in their statement of issues?
Customer: replied 10 months ago.

I am feeling a bit calmer now, he has much to hide, I have nothing to hide or to defend.

I'll paste the statement, probably easier and the Chronology as it also includes an (incorrect and assumed) breakdown of my finances etc, which hikes my income up by £7,330. Point to note is that ex denies not just his debts to me but also to the others he borrowed from friends in Spain,....totalling well over £100,000, and does not include them in his financial statements (they have given up expecting to be repaid now).

I can't find how to send the file to you, it's a pdf I have on my laptop.

Can you advise? I'll try to figure it out whilst waiting for your answer.

Jane

Attachment: 2016-01-18_121717_pdf_slaughter_rda_documents.pdf

Expert:  Clare replied 10 months ago.
I will ask customer service sto assist - my computer skills are negligible

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
< Last | 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:

    133
    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/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)