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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34873
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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Ive been to an FDR today and the judge view is that the

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ive been to an FDR today and the judge view is that the house has to be sold and the joint debts have to be paid off, and the remaining assets are to be divided between us my wife is demanding that she gets 100% of the assets and we know have to goto a final hearing in may,
unto now ive spent approx 18,000 in legal fees, ive borrowed money from family,
i have no money left to pay for any more legal fees im on the edge of been bankrupt, my credit cards are maxed out i have no moneyfor a final hearing it would cost another 8-10k
Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 1 month ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 month ago.
ive had no information from you yet
Customer: replied 1 month ago.
hello?
Customer: replied 1 month ago.
im going to a final hearing now, how can i get anymore help (free help) because i cant afford anymore legal fees ive paid nearly 20,000 now, if a ACT myself what do i need to do for the final hearing? can you point me in any directions what i need to do please

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What is the extent of the assets, how long were you living together and what income do you each have?

Customer: replied 1 month ago.
hi claire,
the assets are house valued at 205,000. Only asset. Joint liabilities 101,000. My income 45000 per annum, wife has been unemployed for 2 year 3 months as she gave up on ill health grounds. Married 25 years
Customer: replied 1 month ago.
We have just been to FDR where judge view (same as FDA judge) is that house is sold to pay off the 101,000 liabilities and to provide suitable houses for each of us. It is a 3 storey 3 bedroom house and my wife claims she has fibromyalgia a mobility disability but yet she still demands to stay in the house or if it is sold (her last resort) that she gets 100% of the sale assets. I have 32000 of sole debts that would not be paid off if gets 100% of the remaining assets. It's cost me 18000 in legal fees for me so far, and i have no money left to pay more legal fees as i have been paying all her mortgage and house bills since September 2015. Is there no way i can make my solicitor allow me to repay her at the end of the Final Hearing? Otherwise, how can prepare papers etc for then final hearing without any legal funding? It is suggested i could send her solicitor an open offer letter to offer 70/30 split of the assets, but where would I find a template for such letter that would include a statement that if she fails to accept that offer and receives that judgement at the final hearing that i will claim my legal fees from her proportion of the proceeds? Thanks
How much would she reasonable need to rehouse herself.
What are the liabilities that need to be settled
Customer: replied 1 month ago.
hi. I have found a one bedroom flat in the same town for approx £65,000 but she says that’s in too poor an area. Can she be so choosy? I will end up with a £65000 two bed trrraced house for me and our son. Liabilities are £78000 for remaining mortgage, £3075 to sell the house, a £15500 joint personal loan and £4500 joint current account overdraft. I believe she has a £9000 family loan with her family. My liabilities are £10800 credit card, £1200 current account overdraft, another 1000 I still owe my solicitor, £13000 litigation loan through my solicitor (high interest rate being added) and a loan of £6700 from friends. The last two loans are a direct result of my wife taking this to final hearing after two years of separation and me having to pay her mortgage and all bills.

I am afraid that you cannot force your solicitor to continue to act and be paid at the end - some firms will do this most wont I am afraid.

There are litigation loans - and you can read more here

http://www.marilynstowe.co.uk/2012/05/31/how-to-fund-your-divorce-by-nick-white/

Unless you have been ordered to do so you do not have to pay her bills.

If you are heading for a final hearing much of the work has already been done and you can use the "bundle"produced for the FDR as the basis of the bundle for the final hearing.

You can also use the existing chronology and the statement of issues as the guide to producing the up to date ones

So far as the offer is concerned if it was effective at all in terms of costs then it will only cover costs incurred after the offer was made.

All you need to do is send a simple letter suggesting a 70/30 split of the equity.

You can of you wish then say that if she does not accept then you reserve the right to ask the court to consider the issue of costs.

Many people now deal with hearings in person and there is help available on sites such as the one here

http://www.advicenow.org.uk/tags/financial-provision

I hope that this is of assistance - please ask if you neefurther details

Customer: replied 1 month ago.
If i put in a higher offer for 36/64 this would give me a deposit for a properly
If this is rejected can I put in 70/30 offer and still say that I want court cost reimbursementWhere can I download a letter template or can your provide me with the wording to the final offer letter

It is unlikely that costs will be awarded in any event - even less so if there are numerous settlement offers

I am not aware of any template - although the resources I have referred you to may contain one

If you wish me to review a letter that you draft I will be happy to do so

Customer: replied 1 month ago.
Thanks we will send the letter soon

That is fine

Customer: replied 1 month ago.
Hello Claire
I've attached a draft offer letter would be great of you could look over it and comment many thanks
I will give you a good review soon as well thankyou

Just to check - she is not represented either?

Customer: replied 1 month ago.
she has a solicitor representing her
Should the letter be addressed to her or her solicitor
Customer: replied 1 month ago.
Hi can’t see your response did you check the letter I sent ??

It should be addressed to her solicitor

It needs to be a little more formal - and your reference to the fact that ESA and PIP give her mor housing choices is wrong - it limits rather than enhances them so be sure to provide details of at least three suitable properties - more if you can

I also suggest that you remove to reference to what you have paid until now

Customer: replied 1 month ago.
Thank you for your comments please see attached RE draft I would value your comments on the re draft - I will of course give you an excellent review and bonus

Unless your son is under 18 he is not relevant and references to him should be removed.

In addition remove the paragraoh about her renting altogether.

Your offer is based on the fact that she WILL be able to purchase another property outright

Clare and other Family Law Specialists are ready to help you
Customer: replied 10 days ago.
dear caller can i send you - a nnarotive contribution statement for you to check over please and i will send you additional money for checking this over for me ?
Customer: replied 10 days ago.
the narrative form could you please check and advise on it for me

Of course you can

Customer: replied 6 days ago.
Did you check the narrative form??
Customer: replied 6 days ago.
I’ve opened up a new question with the narrative document but you haven’t responded to that thread
Customer: replied 6 days ago.
Link to the new thread questionhttps://my-secure.justanswer.co.uk/question/index/8963c2f63c404471adeaf3d5382a3936?continueTheConversation=False&comingFromAdservEmail=False&ratedThroughEmail=False&rating=0&paymentType=Unknown

done