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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I have Multiple sclerosis and

Customer Question

I have Multiple sclerosis and consequently I haave neurological problems due to damage on my brain. My character and personality changed as I had to wait for several years to find the right medication to support me. This year my wife walked out of the family home with our 4 year old twice and has now stated that she will be relocating there since she said she could not cope with our son's behaviour and that she needed support from family members. I have since recieved the following letter: Dear Sir Our Client: xxxxxx We are instructed by Mrs xxxxx as a result of the unfortunate breakdown of your relationship. We are instructed to take steps to formally end the marriage by way of divorce proceedings although our client is keen for us to emphasise that she is hopeful that that the divorce can proceed as quickly and amicably as possible. We have advised our client that on the information available she would be able to proceed on the basis of your unreasonable behaviour and it would be helpful if you would indicate that you would cooperate with a divorce proceeding on this basis. We understand that the marriage certificate is in your possession. Please provide us with the original forthwith and we will then let you have a draft petition for your consideration prior to issue. We are instructed that our client has now moved out of the former matrimonial home and she wishes to now make arrangements to collect her belongings and certain items for xxxxx from the former matrimonial home in order to assist with the furnishing of her new accommodation which she is renting on an unfurnished basis. Please confirm that this is agreed and that she can have 4 hours to herself to sort out and find what’s needed. If this cannot be agreed and our client is forced to purchase new items to furnish the accommodation then our client will have no option but to take this into account when dealing with the finances at a later date. Obviously our client is keen to ensure that the matrimonial assets are preserved as far as possible which is why she would prefer to reach agreement over the contents of the former matrimonial home now. We look forward to hearing from you on this point as soon as possible and in any case within the next seven days. Our client has now taken steps to ensure that xxxxx attends a local school and we are informed that this will be xxxxxx Our client has also considered the issue of contact between xxxxand yourself. At present our client does have some concerns about contact in case this has a negative impact upon xxxxx Our client therefore feels it would be in xxxxx'x best interests at this time if contact was to take place at Hemel Hempstead child contact centre which is open on 2 Saturdays per month. Please confirm that this is agreed so we can make the necessary referral and agree contact times. Our client will exchange the Honda CRV with the Toyota Auris, as the Honda is your preferred vehicle, at the next opportunity. . We suggest you take legal advice regarding the contents of this letter and look forward to hearing from you or your chosen solicitor as soon as possible or in any case within the next seven days. Please note that all communications from you at this stage should be directed to us and not to our client. I did not want to move down there and I also learnt that it would be in a different flat and also my wife cancelled my son's school place where we live without my knowing. Is this right and fair?

Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
What assets and debts are there and what would you like to know about the current situation?
Claire
Customer: replied 3 years ago.

We have a mortgage at £120,000 outstanding but no debts. I am scared if I am to be honest that I merely sought legal advice and had and have no intention to take action from the advice given. What has happened is that my wife was to upset to talk to me over the telephone and her brother called me and I explained to him what I was advised. I wished that my wife had spoken to me directly as I can assume that things may not appear as originally intened.


 


Thank you in advance


 


Graham Ball

Expert:  Clare replied 3 years ago.
Hi Graham
How much is the house worth and what did you say to your brother in law?
Claire
Customer: replied 3 years ago.

Its probably worth 300K and I just oulined the advice given to me:


 


That as parents of Matthew we have 50 / 50 rights and responsibilities towards our son and that cancelling a school place for Matthew without prior notification to me was the right thing to do.


 


Also that walking away from the family home with Matthew as I was attending a medical appointment and leaving a letter to explain what's what was again not a good thing to do.


 


Graham


 


 

Expert:  Clare replied 3 years ago.
Hi Graham
Are you willing to accept the contact that you have been offered?
Are you willing to agree to her having some of the furniture?
Claire
Customer: replied 3 years ago.

I never wanted this legal route, I just want a resolution and to be a family again. We both have had huge stress and pressure but I feel there has been mis-communication since I did not speak to Alex directly. I am really upset about this and all I wanted was some advice, certainly not to act on it but I guess the very mention of solicitors is really going to light a fire. I just wanted some advice.


 


Graham

Expert:  Clare replied 3 years ago.
Hi Graham
I am afraid that it seems clear that your wife no longer wishes to stay as together - she has already seen a solicitor and you have been told what she wants
How do you feel about the suggestions in the letter?
Claire

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