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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34130
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 require advice on completing the questionnaire ex

Resolved Question:

I require advice on completing the questionnaire for my ex partners form E in divorce financial settlement and in responding to her questionnaire on mine.
I have included medical implications in mine, due to the fact that after returning from working away for six years (regular leave) I finally returned permanently to the life I had been dreaming off, for her to change the locks and Barr me from my children just before Christmas 2014. This triggered a huge deterioration in my PTSD that I had been slowly recovering over three years, after spending two years unsupported in Afghanistan. Her failure to offer me any support at all on my return and her brutal destruction of all I had hoped and dreamed of while in very unpleasant situations, led to a complete breakdown last year and has left me with an inability to deal with stress, and therefore greatly reduced my earning potential and increased my need for expensive therapies and time off to recover.Any assistance and ongoing assistance greatly appreciated.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.What would you like to know?
Customer: replied 1 year ago.
Hi again Clare, and thanks for the advice last time; it just pulled it back from the brink, the judge told me off and I took it on the chin,.. Lots of sorry sir's etc. I'll likely have to pay costs for one hearing and must keep a straight line now, but I was pretty hopeless before your advice and the link you sent me.
I'm awaiting her form E (judge gave a week for them to get it to me, though they have served it on the court, they did not have a copy for me), and want to know if I am in with a chance of the impact the suddenness and catastrophic timing (1week after finally fulfilling a 20 yr plan that saw me with a home and family, what had kept me sane through Afghan) of her breaking of her vows to me in every way possible, the denying me access to my home, my children, all my belongings,.. And just before Christmas too; all knowing well my condition and the likely effect such a trauma would have on me. It is my firm belief it was premeditated to ensure my breakdown and her easy removal of all I had built.
Customer: replied 1 year ago.
I basically wish to know,.. What arrows I have that might help me secure a) a clean break and b) at least one of my three properties in its entirety or better still, liquidation of all three and an equal split.
My development, that I bought long before I met my ex, was to be my pension plan and my children's homes for life. Our cottage we bought together but her mum gave us 40'000 as capital I paid all the development costs. The cottage is next to my development and I extended the garden, conservatory and entrance into my development; intending it to form phase 1. Incomplete, both those properties have very limited value: there main value is my intellectual property: the development plan itself.
My other question, is do I by rights own the plan? If she wrestles my fire station (development site) and its lands from me, can she profit from my plan? My intellectual property?
Expert:  Clare replied 1 year ago.
I am glad it went as well as it could.What assets are there
Customer: replied 1 year ago.
Three properties,.. The house we lived in, my development site next door (separate on land registry, I have owned in many years before I met her as my retirement investment)
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Not sure what happened there! And another brown field development investment site. A former RORC nuclear bunker.
A couple of boats, lots of materials for the development and my intellectual property.
Customer: replied 1 year ago.
I don't need a phone call, just clumsy fingers on a touch pad.
Expert:  Clare replied 1 year ago.
Rough values of each?
Customer: replied 1 year ago.
The valuations I got, £50,000, £50-60,000 and £85,000. Apparently her valuations differ. Their value was as part of my development plan. It was only just started and had five years to run.
Expert:  Clare replied 1 year ago.
How much is the Matrimonial home worth and how much is outstanding on the mortgage?have you obtained Planning Permission for developing the Other properties?What are the boats worth?
Customer: replied 1 year ago.
Planning lapsed last year. Matrimonial home around £85000 on its own. Boats around 6000
Expert:  Clare replied 1 year ago.
Are the properties connected in any way?
Customer: replied 1 year ago.
our family home now overlaps with the fire station. The conservatory and porch are partly on fire station land. There is no wall now between them, I removed it to make all open areas open plan.
Expert:  Clare replied 1 year ago.
it is all one property?
Customer: replied 1 year ago.
Pretty much. A few £500 plus items but not a lot. Art etc.
Customer: replied 1 year ago.
Not on land registry, but physically two of them are one larger development. The third, the bunker is remote from them. Two in Redruth in Cornwall and one in St Agnes in Cornwall.
Expert:  Clare replied 1 year ago.
When you say "your plan" do you mean plans that are in existence - and where are they
Customer: replied 1 year ago.
I have them, frankly, I am the plan.
Customer: replied 1 year ago.
The planning permission for the next phase, development of the fire station itself, have now lapsed. Requiring them would require reapplying, and it was my merits as a conservation builder that won said permission the first time.
Expert:  Clare replied 1 year ago.
it is unlikely that anyone else would be able to get Planning Permission?
Customer: replied 1 year ago.
Improbable and costly. The purchase phase was not yet complete. My deal for Gas Cottage included a further deal of three flats and two shops that backed onto my yard. The combination completed my design for a courtyard development that hugely increased the assets value. It's a complicated plan that took me a great deal of planning.
Expert:  Clare replied 1 year ago.
How much are the matrimonial home and the linked property worth together?
Customer: replied 1 year ago.
My valuation put them currently around £135,000, but due to thier nature (not mortgageable) they would sell by auction.
Expert:  Clare replied 1 year ago.
Does your ex wish to stay there?
Customer: replied 1 year ago.
She wishes to stay there AND extend into my fire station property further.
Expert:  Clare replied 1 year ago.
Remind me - how old are the children?
Customer: replied 1 year ago.
6 and 8.
Expert:  Clare replied 1 year ago.
How much is the third property worth?
Customer: replied 1 year ago.
around £50,000
Customer: replied 1 year ago.
together they represented my retirement policy.
Expert:  Clare replied 1 year ago.
Does your ex have any pension provision?
Customer: replied 1 year ago.
no.
Expert:  Clare replied 1 year ago.
What income do you each have?
Customer: replied 1 year ago.
Mine varies, is high gross but very high expenses. Annual profit/salary around £40,000 after costs etc.
Lisa's is far more complex, she has a cash business, an eBay business, part time jobs etc. I've now received her form e so will asses what she says it is and let you know.
Customer: replied 1 year ago.
i have read her form E and she has omitted both her part time cash job and her Ebay business (no paypal bank accounts included) plus a rather delicate issue. while I was away in Afghan she was persuaded by a friend of hers and she persuaded her mother, to grow cannabis in her mothers loft. The cash she obtained from this she shared with her mother towards paying off the loan she had to help us purchase the property. this was a considerable amount (around £1500 profit a month). however was of course entirely cash based. I was very far from happy with this as I carry security clearance for my work.
I am reticent to mention it, but its omission suggest a far lesser fund that went back to her mother and makes it appear most the finance right through marriage was almost entirely me (bar loans from her mum).
her ebay business is a business account as is her Paypal account that does not appear at all. she also has been working up to five days a week "flipping burgers" for the guy that runs the local car boot sales.
how should I approach these facts where the form E questionnaire is concerned? (i'm still hunting for an onlne version of questionnaire but already have several strong queries from her wording. for example she states "i've received no maintenance since October except dribs and drabs,.. my contract finished in October and I had little work for the first quarter, however all my net that I did earn she received %20 of plus %20 of my tax rebate in April which was a considerable sum. also she states " no agreement", however I financed mediation which until she refused it a) got me seeing my kids again and b) where I agreed to %20 of net in the meantime. is the mediation agreement and official agreement?
Expert:  Clare replied 1 year ago.
Concentrate on the informtaion part of her Form ECheck that she has provided the correct statements and ask for any she has not provided.Ask for copies of her paypal account, and ask where the money form her work on the burger van is accounted forThe guide you need is herehttp://www.advicenow.org.uk/guides/how-apply-financial-order-without-help-lawyerThe fact that she has lied about mediation and maintenance is not a matter for the questionnaire - you can prove that it was paid and that is a matter for the courtFrankly I would leave the other matter alone
Customer: replied 1 year ago.
i thought you might advise that; its a shame as it represents a notable income on her part.
you sent me the advice link, but its the actual form E questionnaire I require.
Expert:  Clare replied 1 year ago.
Part 17 of the link is what you need
Customer: replied 1 year ago.
ah ok, so its not a set format form like form E? I had assumed the questionnaire was such.
Expert:  Clare replied 1 year ago.
No you can find the template in the link?
Customer: replied 1 year ago.
my exes valuations are way off mine; I instructed a very high grade surveyor (she an estate agent) and gave very detailed descriptions of builds, planning issues etc. i suspect she did not inform her agent that gas cottage land registry footprint is not what appears on the ground; therefore the valuation includes parts of the fire station land! how should i approach this? her lawyers want to get three more themselves; but I am distrustful of this. also, she did not value my fire station at all?
Expert:  Clare replied 1 year ago.
The court will order new valuationsEither you ask her to name three valuers and then you chose one - or vice versaYou and her solicitors should agree the wording of the instructions
Customer: replied 1 year ago.
thanks Clare
Expert:  Clare replied 1 year ago.
You are most welcome
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