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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am in the process of completing a D8 divorce form. Regarding

Resolved Question:

I am in the process of completing a D8 divorce form. Regarding part 10 (3), do I tick all the boxes as I do need a financial settlement but would like to think this can be sorted out of court. I have attended mediation myself but my husband refuses to go, they have sent me a FM1, do I send this to the court with the D8. I have a statement of finances from his solicitor which I will fill in, will they then try to sort out an agreement with me?
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
Yes tick all the boxes - it does nothing other than keep your options open and makes life easier when you do reach an agreement
You do not send the FM1 with the D8 - you will only need that if you have to make a formal Financial Application.
Make sure that his solicitors send you his financial information at the same time that you send them yours
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Thank you I will tick all the boxes.


 


My husband and I are totally aware of each others finances. Are we filling in the statement of finances purely to get it all set out on paper?and hopefully then to reach an agreement.


If I ask his solicitor to send his financial information does that mean they will? I have not had much luck in getting them to respond to anything so far


 


Thank you.


 


 

Expert:  Clare replied 3 years ago.
Hi
What have they actually asked you for?
Clare
Customer: replied 3 years ago.

My husbands solicitor sent me an attachment of a Statment of Finances asking me to fill it in before any settlement would be considered.


 


They have also asked for my daughter to transfer back to my husband her flat which was bought with inheritance from his mother. I have refused and said I will deal with the flat with all the other financial issues.


 


Mandy

Expert:  Clare replied 3 years ago.
Hi
Are you CERTAIN that you know his financial position?
Why has he refused mediation?
Clare
Customer: replied 3 years ago.

Hi yes I am certain of his financial position. I dealt with all the finances as he suffered anxiety and could not handle it.


 


He has refused mediation because he needs to stay in control and cannot compromise . (Sorry that sounds bad but it was what I was told at counseling concerning his need for control and abusive behavior.)


 


Please could I ask another question, his solicitor has sent me this email




Thank you for your email. I have passed this information on to Nick. Please confirm that you have sent your divorce petition to the court to be issued, otherwise I am going to have to arrange to issue a petition against you in order to keep matters moving forward. Clearly this is a step I would rather avoid, however you have told me several times you are arranging to issue a petition but none has been received from the court.



I am suffering from Trauma due to the abuse, and it has been three weeks since Mr Emerick left. Do I have a time limit in which I should issue this petition. I have not told her several times that I am arranging to issue the petition, why would she say this. Although I am in the process hence my original query.


 


Thank you for your help.

Expert:  Clare replied 3 years ago.
Hi
I suggest that you write back and point out that you have only been separated three weeks and are acting person and that the Petition will be sent to the court in due course.
Ask when they wish to arrange mutual financial disclosure
Clare
Customer: replied 3 years ago.

Thank you for your answer.



I will do as you stated.


 


Why has she said I have told her several times that I am arranging to issue a petition when I have not done so. Is this normal for things to be made up?


 


Amanda

Expert:  Clare replied 3 years ago.
Hi
i would suspect that your ex has told her that you have said it to him - after all if he can bully you he can bully anyone...
Clare
Customer: replied 3 years ago.

Hi


 


Thanks for your answer. I had hoped all the bullying would stop, maybe I was a bit too optimistic.


 


Thank you for your help.


 


Amanda

Expert:  Clare replied 3 years ago.
Hi
I am sorry - i am afraid you will almost certainly find that he takes an aggressive approach and gods his solicitor to go along with it (frankly the reference to "Nick" says it all)
Clare
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