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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33319
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I asked my wife for a divorce in aug 13 she did not take it

Customer Question

I asked my wife for a divorce in aug 13 she did not take it well. we are both retired, we have properties and rely on the rents for income, she then took full control our finances
denying me access to banks/ rents / debit cards / cash ect . I had to rely on credit cards .
put her head in the sand and will not communicate at all. I had a solicitor it cost a fortune she not responded to his letters.
she has made it as difficult as possible, hiding keys ,statements, letters, car, ect.

now do i apply to the court for maintenance, and access to our finances !!
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How far has the divorce reached and why are all the accounts in her sole name?
Clare
Customer: replied 2 years ago.

my wife has hid the marriage certificate, we got married in Mauritius, small problem with getting a duplicate . she ignored request for myself and solicitor. I would prefer a legal separation at this time with a financial agreement. The properties and accounts are in joint names ..


mark

Expert:  Clare replied 2 years ago.
Hi
If the accounts are in joint names why have you not obtained new cards from the bank?
have you actually applied for a further copy of the marriage certificate ?
Clare
Customer: replied 2 years ago.

i have requested for duplicate cards,bank statements most have not arrived to me in the post ,the account in which our income go's into she


has beaten me too it ,and emptied as soon as the funds are available.


she has a drink problem. there are 4 rental properties, on legal advice in Dec i approach 2 tenants and arrange for them to pay me direct, exactly half. she has now informed the tenants they have broken their contracts by not been paid into the joint account. how can i stop these cat and mouse games ?how can i apply to the court and have a legal judgement so this does not keep occurring ?

Expert:  Clare replied 2 years ago.
Hi
have you tried to get a duplicate of the Marriage Certificate?
Have you reassured the tenants that they are not in breach?
Clare
Customer: replied 2 years ago.

is there a problem with you answering my question ?


 


how do i apply to the court for maintenance ,and access to our finances !


 


how do i apply to the court and have a legal judgement made !


 


 

Expert:  Clare replied 2 years ago.
Hi
The only way that you can apply to the court to have the finances dealt with is within either Divorce or Judicial Separation proceedings
BOTH require a Marriage Certificate in order for a Petition to be issued - and the only difference between the two is that at the end of the Judicial Separation proceedings you cannot get married again
If you do not wish to start proceedings then your only option is to work around the problem as you have been advised to do - by collecting half the rents, closing joint accounts and COLLECTING your bank cards from the bank.
I appreciate that this is not the news that you wished to hear - but sadly it is the position that you ar ein.
Please ask if you need further details
Clare

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