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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello my divorce has been finalised, but the financial settlement

Customer Question

Hello my divorce has been finalised, but the financial settlement failed in mediation. I am claiming employment support allowance and therefore my solicitor applied for legal aid for the next part of settling the financial side. My ex husband has in excess of £400,000 in investments and has made great efforts to hide the money. I wanted a full forensic investigation into his finances performed but I have just had a letter from the legal services commission to say that I am not entitled to legal aid. My solicitor has advised that I fight for a financial settlement by myself. I would be grateful for any advice you may have.
Kind regards

Lucy
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question.
Why are you not eligible for funding?
Claire
Customer: replied 3 years ago.
The legal services commission say that I have a disposable income of £10,000. I don't have any savings at all, I claim ESA. I am not sure that the commission took into account my debts, outgoings and maintenance payments to my daughter
Expert:  Clare replied 3 years ago.
Hi
The only one of those that would count is the maintenance - but you are entitled to a breakdown of the assessment so that you know for certain
You are fully entitled to make the application yourself - and although I know it is daunting you CAN do it
The starting point is the Form A available here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-a-eng.pdf
and the form EX160 available here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex160a-eng.pdf
Claire
Customer: replied 3 years ago.
Thank you Claire, can you tell me how much you think it might cost to obtain a financial settlement? As I think I mentioned my ex husband has had help from a financial advisor to 'hide' the money. We had a property together and he didnt split the proceeds equally with me, so I know I am at least entitled to that.
Many thanks for your help
Lucy
Expert:  Clare replied 3 years ago.
Hi
If you do it yourself it will cost you nothing except time and effort!
Claire
Customer: replied 3 years ago.
Oh that's good news! Do I just send the completed form you gave me the link to off to the court where my divorce was finalised?
Expert:  Clare replied 3 years ago.
Hi
Yes that is exactly what you do!
Claire
Customer: replied 3 years ago.
Thank you ClaireDo you think there are any pitfalls or problems I should look out for? Is there any specific wording I should use?
Expert:  Clare replied 3 years ago.
Hi
No this form is very straightforward - it will get more complicated but deep breaths and a step by step approach will work well
Claire

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