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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I have just gone through a divorce but because i am suffering

Customer Question

I have just gone through a divorce but because i am suffering from post tramatic stress and live 100's of miles from my ex i was unable to attend the court hearing when our assets were divided my ex has been awarded my entire private pension can i appeal this
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.

Did you ignore all court papers or did you make a submission. If you couldnt attend, how are you going to deal with appeal? Did you instruct solicitors? Why not?

We need full background please.

Customer: replied 4 years ago.

hi, i had a little legal help and have wrote to the court myself but i was retired from the fire brigade with post tramatic stress i was never with my ex wife when i was in the fire brigade and was only married for 3 years i am really not coping well and have just been haneded a letter today that states my full pension is to go to her i was in the fire service for 16 years and have recently had my house repossedd everything is going under i need to know if can appeal how to and what is the best legal team to use any help will do as i am feeling like my world has ended

Expert:  Stuart J replied 4 years ago.

Is this actually a court order? How long together before married? Children?

Please define "a little legal help"

Customer: replied 4 years ago.

we were together 2-3 years always on off before marriage we have 1 child together. the letter off her solictor states a court border will be served as soon as it is typed up. I went to a couple of meetings with a solictor who stated her solisitor was very aggressive in a manner was not coping mentally and have been un well for the last 12 months i have just been unable to cope with my affairs and i couldnt afford the legal costs but my parents are going to give me the money as they are hellping me with my recovery

Expert:  Stuart J replied 4 years ago.

So, is it reasonable to summarise and say that by and large you ignored the court papers, and they simply went ahead and ordered what ever she asked?

What about child maintenance? What about the house and any other assets?

I really do need the full background please.

Customer: replied 4 years ago.

yes i am sorry just couldn't cope but need to now


 


and yes everything she said shes got

Customer: replied 4 years ago.


the house was repossed money is due to go to her from what is left over not sure what that is. i offered her maint at 175 per month the same i pay brad but she went to the csa and they only awarded her 10 a week no other money

Expert:  Stuart J replied 4 years ago.



Thank you. This is
not a do-it-yourself job several reasons. Firstly, because if you try to do it
yourself, you will get shafted as you have done. Secondly, because you will not
be of the frame of mind to do it yourself, which you admit.

Thirdly, even if
you word of the frame of mind, it isn't a job that I would suggest that you did
yourself.



It's very
difficult to give a completely accurate answer without having details of
exactly what submission you made to the court to but it appears that in default
of you making any submissions, the court has simply rubberstamped her
application.



Any family
solicitor will be able to deal with this for you quite simply on the basis that
the judgement is unfair because it does not take into account your personal
circumstances.



You need to see a
solicitor who will take detailed instructions and advise you in depth based
upon your own circumstances which do not appear to be strong.



You have a
reasonable chance of making a successful appeal/getting the order varied



Can I help
further?



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The thread remains open. Thanks for

Stuart J and 2 other Law Specialists are ready to help you
Customer: replied 4 years ago.


can i just ask how do they normally divide my pension when this is my only source of income?

Expert:  Stuart J replied 4 years ago.
Usually the most pension division is 50%. I cannot advise you why she got this based on such limited facts and without access to all the papers ever passed in the case. The application is likely to have been a tactic to make you deal with the paperwork, which you ignored and it simply got rubber stamped because you refused to deal with it.