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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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What can I do if my ex husband is not willing to declare his

Resolved Question:

What can I do if my ex husband is not willing to declare his own assets as part of the divorce proceeding?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
Once the financial application has been made if your ex refuses to file his Form E then you can apply for a Penal Notice which means that the court can send him to prison if he still refuses
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you for this.

Can I ask please, what I can do regarding his contribution to my son's medical needs, which could become even considarable now. He has refused him the use of medical cover we have through his workplace or make any contribution. in a number of occassions our son has been in emergencies, requiring counselling to support him, which has to be paid for privately. He did this to get back at my son, part of his vindictive attitude towards him for speaking out to Caffcass. He categoricalyl said that he has disowned for that and I begged not to hate him for speaking out but to see it as crying out to him. My son thought dad would hear him and all would be fine again but let down!

There will be more regular hospital attendance from March as they are stepping up his monitoring in case he needs dialysis. And I will have to change my work routine or give it up. Also I have been told that I have to work with dieticians for his diet plans from now on etc. I don't know what the future holds and I'd like to have a settlement that will avoid me having to contact him in the future for financial support for our son as this has proven very difficult to date.

I also have my own needs to consider as I have medical issues too. I have put my son first as always and it is impacting on my health as I srtuggle to make adequate provision for me and I will need to do this to cope with my disability long term. He knows all these, he likes to make his weight felt and I believe he's never really nice to our son because of his medical condition.

He seems to think anything done for him as a waste on him by his attitude to date and was visibly hostile to him wanting anything eg xmas present, birthday treats etc.

Please let me know if and how I can include this in the Finacial application and how best to go about it.

Expert:  Clare replied 2 years ago.
Hi
What assets and debts are there and what income do you each have?
Clare
Customer: replied 2 years ago.

I know he has recently bought a house. He also inherited one abroad. He earns in excess of at least £80K, last I know in 2011 and he takes a directors bonus. He has shares in his company. Any debits he has would be for his own pursuits and I do not have any details.

I earn approximately 45K. The house me and my son live in is mine, bought in my name and paid for by me. He forced me to do this and would not pay towards the mortgage or any household bills as he controlled us to live within my salary, nominated to be the family expenses account. He would not even change this when I became ill and I had to take personal loans on my account to meet household payments, all documented with my bank statements of outgoings and incoming. This financial abuse as I know it now was the reason for the marriage breakdown as it was too stressful for me to keep up with payments of bill I have struggled to keep in my job etc, became more ill taking alot of sick leave with my job at risk. I also have credit card debit and i am currently trying to get help with these debits.

In my case I think it wil be important that details are examined to appreciate the nature of abutse I went through financially and hence my financial situation. Is that possible too?

Thank you.

Expert:  Clare replied 2 years ago.
HI
Will you be reducing your working hours to accommodate the medical needs of yourself and your son?
Clare
Customer: replied 2 years ago.

Yes. I am working through how I can do this and the financial implications ans this is not balancing at all.

Expert:  Clare replied 2 years ago.
Hi
How much would you be expecting to earn?
Clare
Customer: replied 2 years ago.

probably £25k

Expert:  Clare replied 2 years ago.
HI
Would you prefer a larger capital payment or ongoing spouse maintenance?
Clare
Customer: replied 2 years ago.

I would prefer that he pays some capital payment and on going spousal mantenance. A capital payment will help with the arrangements eg equipment and adaptation required to the house - wet room downstairs, stiarlifts etc. on-going spousal maintenace will help with regular outgoings. Is this possible?

Expert:  Clare replied 2 years ago.
Hi
How old is your son?
Clare
Customer: replied 2 years ago.

He is 15years old in January.

Expert:  Clare replied 2 years ago.
Hi
Assuming that he assets are worth more than yours it is reasonable to seek a lump sum which will enable you to make suitable alterations to the property.
If you have to work fewer hours then it would be reasonable for you to seek spouse maintenance - but it is likely to end when your son turns 18 and you are able to work again
Please ask if you need further details
Clare
Customer: replied 2 years ago.

many thanks for this.

How do you cross- pray for a divorce? what is cross pray petition?

what does it mean please?

Expert:  Clare replied 2 years ago.
Hi
This is a separate issue and I am afraid it needs to be raised a s a separate question
When doing so it would be helpful if you could confirm who issues the original petition
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

ok Thanks