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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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having to represent myself in court for my divorce.How do I

Customer Question

having to represent myself in court for my divorce.How do I file and serve the following documents an answer to questionnaire, statement of issues, Chronology and a Form H.
Where do I obtain any relevant forms to file and serve, can I download them?
If an agreement is not agreed can I file for spousal maintenance. If so how do I do that and can I download forms.
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.
Have you received the questionnaire from the other party?
Clare
Customer: replied 3 years ago.

No.

I am in Jamaica at the moment and my solicitor who was dealing with the details wants more money which I haven't got so I am having to deal with this myself.

I did send an earlier message to just answer saying I had completed Form E and exchanged them. My Questionnaire should have been filed and served by the 28th of February but my solicitor had been away and left everything so late that I have missed that date and I had asked how to go about filing this as well.

I have not had a reply from just answer to this question yet.

 

Expert:  Clare replied 3 years ago.
Hi
Are you the Applicant or the Respondent?
Clare
Customer: replied 3 years ago.

i am the applicant

Expert:  Clare replied 3 years ago.
Hi
Have you seen the other party's Form E?
Clare
Customer: replied 3 years ago.

Yes I have seen his E form.


I did respond to this question but when you answered no reply came back to me

Expert:  Clare replied 3 years ago.
Hi
My apologies
Until you have received the Questionnaire from your Ex you do not know what questions you need to answer!
In fact you do not have to reply to them until AFTER the first appointment
The Chronology is the list of dates relevant to you as a couple - dates of birth, marriage, birth of children, separation etc
The Statement of Issues is just that - a list of the issues that the court will have to decide such as
Should the matrimonial home be sold?
How should the proceeds divided?
Should he pay Spouse maintenance?
If so how much?
You can find templates here
http://www.nofamilylawyer.co.uk/default.aspx?i=re36
The Form H is the costs form here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-h-eng.pdf
You have already applied for Spouse Maintenance
I hope that this is of assistance - please ask if you need further details
Clare
Clare and 5 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you. I am worried because the questionnaire should have been filed and served by the 28th February and as I am Jamaica, am I able to email the questionnaire to the court and the other solicitor now is it too late to do that now and should the change of solicitor to me representing myself be sent at the same time

Expert:  Clare replied 3 years ago.
Hi
Do not worry about the timing too much - so long as you get them there before the hearing.
You can certainly email his solicitors but the court may not accept emails n this way
You should file the Notice of change as soon as possible
Clare
Customer: replied 3 years ago.

Hi I have sent my applicants questionnaire to the courts and my husbands solicitor.


The solicitor has now come back with an offer to have an order for 50% of the pension as a clean break and no order for costs.


As the court date is set for the 11th April 2014 if I agree to this offer will we still have to go to court.


Can I ask for an independent valuation on the pension and also ask for spouse maintenance while waiting for the pension to be sorted out.


I have paid out approx £2500 in solicitors fees as he put in for 5 years separation, I had signed a consent order, but i realised that we could not divorce on those grounds as we could not produce separate utility bills ect, I asked him to change it to 2 years but he refused so i had to spend the money on solicitors to stop him getting a decree nisi.Can i claim my solicitors costs from him.

Expert:  Clare replied 3 years ago.
Hi
What were you asking for other than the Pension Sharing Order
What income do you each have?
Clare
Customer: replied 3 years ago.

I have state pension 130gbp


He has private pension 21900 per annum plus state pension I do not know what he gets there.


I am asking for pension sharing

Expert:  Clare replied 3 years ago.
Hi
If you agree this and the Order is sorted then there will be no need to go to court - unless you do wish to pursue spouse maintenance in the interim - which may not be worth while
I am afraid that unless a costs order was made within the divorce proceedings you cannot now claim them
Clare
Customer: replied 3 years ago.

As I understand it with the private pension sharing, I need to ask for an independent valuation as his company will most probably have not given a true valuation as to its worth.


Why would it not be worth while claiming maintenance as I have very little to live on or could I get the solicitor to agree an amount each month until the pension is sorted out.

Expert:  Clare replied 3 years ago.
Hi
Its value does not matter of he is offering you 50% of it - you will not get any more than 50%
You can ask for interim maintenance equivalent to 50% of his pension until such time as the Pension Sharing has been completed
Clare

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