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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33810
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband divorced me a few years back when I was seriously

Resolved Question:

My husband divorced me a few years back when I was seriously ill, spent a Lot of time in Hospital & nearly died I had to fight for what I got from him but because I was not well he denide me my car & a few other things, I am finding it difficult to get to places without a car but unable to afford one. He gave my car to his son & find this difficult to comprehend, I am still recovering & have been told that I will never be 100% fit again but I am doing my best, ***** ***** Like to give in.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
How long were you living together?
Who owned the Matrimonial home and what other assets are there?
What income do you each have?
Clare
Customer: replied 1 year ago.

We were together for about 10 years but married for 6. The home was in his name he had a Business and to my knowledge still involved with it even though he now Lives down south with another woman. I did not have any assets just a car I did work but my wage was only £6 a hour. When I became ill I could no longer work but now I am retired and receive the State Pension. He is well off and he owned a BMW X5, a Caravan and we went on Holiday often, I have not had a Holiday for 5 years and would Love one Hope this is enough information.
Pam

Customer: replied 1 year ago.

Where is my reply? not happy.

Expert:  Clare replied 1 year ago.
Hi
My apologies for the delay.
When was the Decree Absolute and have you remarried at all?
Clare
Customer: replied 1 year ago.

April 2011, & I have not remarried. Pam

Expert:  Clare replied 1 year ago.
Hi
Despite the time that has passed you can still make a claim against your ex using the the Divorce proceedings to ask for the financial settlement that you are entitled to
The starting point is to attend a Mediation Information and Assessment meeting with a family mediator
www.familymediationehlpline.co.uk
IF your ex will mediate then that is great - if not then you can make a court applictaion and he will have to declare his financial position
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.

He did give me some financial settlement but I feel that due to my illness that is was unfair, now I am much better I can see this. I very much doubt that he will do mediation he is not sort of person & I do not want to waste money on fighting him, he can afford it I cannot. Pam

Expert:  Clare replied 1 year ago.
Hi
How much did he give you?
Clare
Customer: replied 1 year ago.

He gave me £110 pounds but had to find a place to Live & use the money to Live on. It is the car I am more annoyed about it was mine & I need it & help to run it, if I had not been so ill things would have been different. Pam

Expert:  Clare replied 1 year ago.
Hi
If all he gave you was £110 then you have an excellent chance of succeeding in any claim you make.
If he will not do mediation then that is his problem and not yours
Clare
Customer: replied 1 year ago.

You know I did mean he gave me one hundred and ten thousand pounds? If I have to take out a court order will this cost me money? because I know he will be very sly & will try as much as he can to give me anything more.
Pam

Expert:  Clare replied 1 year ago.
Hi
Right I did wonder
So he gave you £110,000 - what was the value of the matrimonial home at that time?
Clare
Customer: replied 1 year ago.

He had the property valued but would not tell me how much it was worth. I have looked at my Divorce proceedings & I agreed that I could not ask for anymore money, so Looks as that is it. If I had not been so very ill it would have been so very different. Pam

Expert:  Clare replied 1 year ago.
Hi
Do you mean that there was a final financial order sealed by the court?
Clare
Customer: replied 1 year ago.

Yes it Looks Like it. Pam

Expert:  Clare replied 1 year ago.
Hi
Did you have legal advice at the time
Clare
Customer: replied 1 year ago.

I was seeing a Solicitor at the time but feel that maybe I did not quite understand everything. As I said I was seriously ill & nearly died & was concerned about where I was going to Live, I could not do anything while in Hospital & for one year after+ had to rely on others to help me. Getting upset now I am a nasty person cannot understand anybody who is. Pam

Expert:  Clare replied 1 year ago.
Hi
Did the Solicitor approve the settlement?
What did he or she say about it?
Clare
Customer: replied 1 year ago.

She approved the Settlement. It is me now that because I am a Lot better health wise I would Like more. Am I wasting my time? Please tell me? I would Like what I feel I am entitled to, do feel very upset as I said I am not a nasty person. Pam

Expert:  Clare replied 1 year ago.
Hi
Were you mentally disabled at the time?
Clare
Customer: replied 1 year ago.

I had mental health problems and was drinking heavily, then had my serious illness. Pam

Customer: replied 1 year ago.

Forgot to mention my ex. did hit me and I had a few black eyes, I never hit him back but he said I was mentally awful to him but I only told him the truth. He told me he went with 5 women whilst married to his Late wife, this was nothing to do with me so cannot understand why he told me. Pam

Expert:  Clare replied 1 year ago.
Hi
I have to ask - what was the nature of the Mental Health problem?
Clare
Customer: replied 1 year ago.

I had to do everything in the House get everything ready to go away in his Touring Caravan and also try to take care of my elderly parents my Husband did nothing and so eventually it got me down and I did not want to do anything and cried a lot. Pam

Expert:  Clare replied 1 year ago.
Hi
Was there a diagnosed condition (other than depression)
Clare
Customer: replied 1 year ago.

The other diagnosis was my irritable bowel, and then when I had diverticulitis which caused a fistula making a hole in my bowel and bladder so had to have major surgery which resulted in being at deaths door, and ill for many years. Pam

Expert:  Clare replied 1 year ago.
Hi
Were you sectioned at all?
Clare
Customer: replied 1 year ago.

No. Pam

Expert:  Clare replied 1 year ago.
Hi
Then I am very sorry but the fact that you had legal advice at the time and a Consent Order was made means that there is no basis on which you can now reopen the case
I am sorry
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33810
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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