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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am due in court in April as my husband is not co operating

Customer Question

I am due in court in April as my husband is not co operating in our divorce. I am applying for a pension sharing.I have filled in the form E but i have no money left to instruct a solicitor.A questionaire should have been completed and served but i am at a loss to know where i get this from and what to do
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
have you received your ex's Form E?
Clare
Customer: replied 3 years ago.

yes i have and there are a few things i disagree with such as he is claiming for gym membership he has never gone to a gym in his life and i have been married to him for 43yrs. His private pension he receives has in the last year dropped from £1550 to £1093 as he is paying £700+ tax now. He has not declared his State Pension as he had deferred it, but I think he is now claiming it and has advised the tax office to collect tax from his private pension as the code has changed to a DO/M1, so he will not have to pay me as much as he should.

Expert:  Clare replied 3 years ago.
Hi
You need to go through his Form E carefully and compile a list of any further information you need - including any missing documentation.
This will form your Questionnaire
Go through in detail - be thorough this is your chance to identify what you still need to know - if the court does not think it is relevant then will strike it out - but they do not add anything
You can find a template here
http://www.nofamilylawyer.co.uk/default.aspx?i=re36
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi


 


When I go to court for the FDR hearing,if an agreement is reached but could take some time to sort out, or if no agreement is reached how do I go about asking for spousal maintenance

Expert:  Clare replied 3 years ago.
Hi
Is your ex represented?
What income do you each have?
Clare
Customer: replied 3 years ago.

My ex is represented, he has a private pension plus state pension, I have a state pension

Expert:  Clare replied 3 years ago.
Hi
How much is his private pension?
Clare
Customer: replied 3 years ago.

Private pension in the region of £21876 per year not sure what his state pension is

Expert:  Clare replied 3 years ago.
Hi
Did you tick the box for Interim Spouse maintenance when you filled in the Form A?
Clare
Customer: replied 3 years ago.

Not sure if she did have emailed her but no response as yet.


Could you tell me what I should do if she has ticked the box or if she hasn't


 

Expert:  Clare replied 3 years ago.
Hi
Actually either way write to his solicitor and say that you intend to raise the issue of spouse maintenance at the hearing
You should make sure that you have a detailed list of your income and expenditure available at the hearing to show the shortfall and establish what the level of maintenance should be
Clare
Customer: replied 3 years ago.

i have looked on the web site you advised me on regarding how to write questions on the serve and file questionnaire, however it is not a template of a form so should I just write it in letter form as they have it on their web site.

Expert:  Clare replied 3 years ago.
Hi
No the Questions need to be listed on a sheet which has the same sort of heading as the Chronology - wnd is labelled "Applicants Questionnaire"
Clare
Customer: replied 3 years ago.

it states on the sample questionnaire whether it is 1st 2nd 3rd statement does this refer to just the questionnaire or any other statement I have given eg form E etc

Expert:  Clare replied 3 years ago.
Hi
You can ignore that part - it is for statements only
Clare
Customer: replied 3 years ago.

my husband deferred his state pension, can I still ask to know the amount he will be getting ie additional state pension by getting him to fill out a BR20 form. or will this pension be ignored as he has deferred it

Expert:  Clare replied 3 years ago.
Hi
You can ask - but it is unlikely to be a major issue
Clare
Customer: replied 3 years ago.

do I address and send all the paper work to the clerk of the court.How do I write the letter to the court to serve and file my applicant questionnaire

Expert:  Clare replied 3 years ago.
Hi
You simply send it to the curt with a simple letter quoting the case number
Clare
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