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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33953
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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financial relief application

Resolved Question:

I want to apply for a financial relief within the UK because my husband divorced without my consentment in Morocco in 2012. A financial case was brought in the Moroccan Court which resulted in a settlement of a lump sum of approximately £10,000.00 in my favour.


We have been in the UK since 1997.


 


We are Moroccan and we got married in Casablanca in 1988. I am still living in the matrimonial home at XXXX X, XXXXXX XXXX Avenue, London XX. I have registered an HRI to register my matrimonial home right on this property. It Was purchased in 2007 for £285,000.00 but It is estimated to be Worth in the region of £400,000.00. It is au interest only mortgage. - In addition the Respondent owns an other property in London W3. His monthly wage is £6000. The respondent have also assets in Morocco and It’s a Villa in Morocco £999,000.00 sterling; and other flat £100,000.00 sterling.  


 


Can he put me out of the matrimonial property? 


Shall i apply for financial reliefs? 


Hania

Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

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Expert:  Nicola-mod replied 3 years ago.
Hello,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

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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.
Are there any children involved?
Clare
Customer: replied 3 years ago.

Hello Clare


Thanks for your reply.


We have a girl born 1996.


Best wishes

Expert:  Clare replied 3 years ago.
Hi
Did the Moroccan court take account of the Uk assets at all?
Clare
Customer: replied 3 years ago.

No in Morocco I was not part of these proceedings. And the Court proceeded a financial settlement of £10.000.00 lump sum in my favour.


I am sure he completely hided his UK assets and falsified his bank accounts/ revenues.

Expert:  Clare replied 3 years ago.
Hi
For clarity - you did not have a chance to put your case in the Moroccan proceedings?
Clare
Customer: replied 3 years ago.

Hi Clare


 


Thanks for your reply.


I did already said that i have put my case in the Moroccan court. And i do repeat that the Moroccan court didn't allow more than the £10,000.00 lump sum.


I don't have much time left as my ex husband is telling me that he ho more working at the bank. It would be nice to have a precise prompt answer at my question below.



I am a British citizen and i do trust the UK Family court of Justice to help me in this unfair very exhausting situation to bring all my rights back.


I have been married since 1987 and my interests are such as:


-the family home property i am living in


-the pension of my ex husband who has worked over 30 years as Managing Director at banks. Knowing that for the last 16 years his annual salary was £60,000.00. Plus a certain number of advantages such as £1200 every month for rent; 2 travel tickets each of us each year; car and petrol; £3000-£4000 PP Health care insurance and all the utility bills.


Thanks a lot to consider answering this



Hania




Expert:  Clare replied 3 years ago.
Hi
I am sorry but I am confused by the information you have given
You said
"in Morocco I was not part of these proceedings'
now you say that your case was indeed put to the Moroccan Court
The answer you need does depend on which of these is accurate!
can you assist?
Clare
.
Customer: replied 3 years ago.

Dear Clare


Yes in Morocco I was not part of these proceedings The divorce was served on my sister home address. I only learn it 2 months after by sms sent from my husband saying of that and the court allocated me 10,000.00 pounds.


After that i did a law process in Morocco for 19 months/ But nothing came out it.


Now as British, i want to proceed in Uk for all my rights.


I hope it's clear now.


Thanks

Expert:  Clare replied 3 years ago.
Hi
What was the process that you then followed in Morocco - was that an an appeal?
Clare
Customer: replied 3 years ago.

Hi Clare


 


Yes it aws an appeal for to say i am not happy to receive £10,000.00 only after 25 years marriage. Knowing all the assets in Morocco that i mentioned in my 1st email.


HANIA

Customer: replied 3 years ago.

Hi again Clare


the process followed in Morocco was unsuccessful even over 19 months. These appeals were against the ridiculous lump sum the court in Morocco allocated after 25 years marriage. And even letting the court know about the 2 flats owned here in UK .


I believe you have all the elements needed to give me an answer. Could you please answer my questions:


1- May i apply for financial reliefs in UK even my ex husband is trying to live abroad?


2- I have done an HRI form to register my matrimonial home right on this property.Until when am i right to stay in the matrimonial home? Can he put me outside? And what will happen if he doesn't pay any more the mortgage?


Expert:  Clare replied 3 years ago.
Hi
You are entitled to make an application for Financial Provision following a foreign divorce
The leading case on the matter is here
http://www.familylawweek.co.uk/site.aspx?i=ed55684
The form you need for permission t make the application is here http://www.familylaw.co.uk/system/uploads/attachments/0002/0853/D50E.pdf
This should ensure that proper provision is made.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33953
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hello Clare,


Thanks for your response.


 


At the bottom of the form It is said to give the name of the solicitor. But i don't have one.


I have difficulty answering:


- Shall i fill it and send it or shall take it to the court?


- Name of court


- paragraph 4 of Schedule 7 to the Civil Partnership Act 2004


- The parties concerned are to attend before a judge
of the...................in private


 


Thanks

Expert:  Clare replied 3 years ago.
Hi
I would suggest that you issue this in the Principal Registry in London
You tick the top box that refers to Section 13 of MFPA
Clare

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