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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I hope you can help me. I went to a MIAM with a mediator and

Resolved Question:

Hi. I hope you can help me. I went to a MIAM with a mediator and wanted to use mediation to sort out finances, but my ex won't agree to it, so I'm having to go to court. I'm struggling with filling in the Form A. We got our decree absolute two years ago but didn't sort out finances first - which I'm now told was a big mistake. We're both still single, and our kids share their time approx equally after a horrible court case. He's living with his parents, but I've bought my own property since the divorce. He's never worked and didn't contribute anything financially to my house. I've also got a small works pension which I've just started. There are no savings, etc. from the marriage. My ex is saying that I owe money to his parents and wants me to pay him/them back.
Basically, I think I shouldn't have to give him a penny, but I guess I might have to offer something just to make him go away. He's also saying he wants to claim spousal maintenance (?). I think this is the same as a periodical payments order but I might be wrong. My question is which boxes I should tick on page 1 of the Form A? I don't want my ex to have any claim against my house, so do I leave the 'property adjustment order' box blank? Or would that mean the judge couldn't make any orders about my house - even that my ex couldn't get it? And if I don't tick the 'periodical payments order' box, does that mean my ex can't get that? And the same about the pension boxes: if I don't tick those boxes, does that mean he won't get any of my pension? Or do I just tick everything, and leave the decisions up to the judge?!
I'd be very grateful for any advice.
Kind regards
***** *****nes
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. As you are making the application you should be ticking any relevant box for an order that you seek. If you are unsure what you are seeking at this stage you should tick all of them. Furthermore, no matter what you tick or do not tick, your ex-spouse is not prevented from seeking financial relief from you and can make her own application to court and the court has the power to make any relevant order they feel is appropriate.

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Customer: replied 1 year ago.
Sorry: that doesn't help much. I'm clear that I'm seeking to protect my house and my pension from my ex. He hasn't contributed to either of them, and the house was bought after decree absolute anyway. I recognise that I might have to pay him something, so do I just tick the 'lump sum order' box? Or do I need to tick the 'property adjustment order' box so the judge can make an order dismissing (?) his claim. I don't think he'll make a separate application, so can he just tell the judge he wants something different when we go to court? BTW: I'm the (ex) wife!! Thanks, Pat
Expert:  Harris replied 1 year ago.

Yes, he is able to tell the judge what he is seeking and the court can consider this in the proceedings. Despite him not contributing towards the assets, this is not the only factor the court looks at and there are various matters the court need to consider (below) when making an order in financial proceedings arising out of a marriage. I would therefore suggest that you tick all the boxes available (save for maintenance pending suit). The criteria considered by the court in these matters is:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Customer: replied 1 year ago.
Thanks v much. So if it's best to tick the box for a 'property adjustment order' (even though I'm sure I don't want my ex to have a claim against my property, I understand that the judge may not agree) do I have to fill in the box at the bottom of page 2 about 'an application relating to land'? And if so, does 'mortgagee' mean the lender, or me??
Expert:  Harris replied 1 year ago.

Yes, the property you are applying to protect should be listed in that section to discharge any beneficial interest he would claim to have.

A mortgagee is the lender.

Customer: replied 1 year ago.
That's really helpful, thank you. One last question (I think): I'm 100% sure that neither of us has any pension compensation (he's never worked, and I've only ever been in one works pension, which is still active) so can I safely ignore the 'pension compensation' boxes? Or is it still best to tick everything, just in case?
Expert:  Harris replied 1 year ago.

I would suggest you tick it in the event that a pension appears in disclosure

Customer: replied 1 year ago.
I'm pretty sure that nothing will appear, but thanks for the advice. That's everything I can think of for now. Many thanks, Pat
Expert:  Harris replied 1 year ago.

No worries, I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris
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