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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 757
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I have filed from my husband and the divorce petition

Resolved Question:

I have filed for divorce from my husband and the divorce petition has gone to court. We are bothing living in the same property due to the fact that i cannot afford to move until the finances are sorted. He has pinched Some thing from me - which I believe may be stored in our garage. It is a large double garage in the garden and he has now changed the small lock to a large padlock and he will not allow me access ie a key. He has also said he will lock me in if I go in there when he opens it. I do own the property as well - am I not entitled to go in there as well? and can I do anything about the lock being changed?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
In respect of your property that is in the Garage - if you are joint owners then you could use a locksmith to gain entry - replace the locks and give your husband a key.
In respect of the joint endowment - you could contact the company to send you additional copies. When you start to go through the process of full and frank disclosure - your husband will have to produce this. If he doesn't the court can make him comply.
Make sure no assets are divided until you have a court order or the court has sealed a consent order.
If you think your husband is going to dissipate any assets then consider an urgent injunction if there is a strong risk.
Kind Regards
Caroline
Please kindly remember to rate positively. Happy to discuss further.
Customer: replied 1 year ago.
My husband has said if i remove the lock he will fit a bigger one. The endowment matured three years so i doubt the the will send me copies snd i wanted the info so that the insurance can find it. I think my husband has already dissipated assets as he has alot of disposable income after paying bills - can anything be done if this is the case?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
You can still change the lock - get your stuff and give him a key.
You need to start going though the process of full and frank disclosure to start negotiations in respect of the finances. It will become apparent when this process starts.
How much do you know about dealing with the finances? Do you want me to give you an overview if the process?
Kind Regards
Caroline
Customer: replied 1 year ago.
I can't find my stuff - the garage is chock full with his stuff. I know he recently paid about £38,000 off the mortgage ( from money in his current account) so the mortgage is about £400 less than it was. He has about £2,000-£2500 after paying all the bills as I now pay the majority bill - shopping for 4 children and myself. I know he was buying a few items from supermarket and then getting cashback. I also found a refund for a patio base using his credit card - we do not have a patio set. I work 25 hours and he earns over 6 times what I earn.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for this.
You need to start dealing with the matrimonial finances in earnest.
In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your husband need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement. Everything is included in disclosure - all assets and all liabilities.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs, future care of children etc. If your earning capacity is less than your husbands then you should be seeking a bigger share - somewhere between 10 - 20%
You should also consider asking for spousal maintenance - because his earning capacity is higher than yours.
You should consider making a referral to a specialist mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
If agreement cannot be reached or your husband won't engage in providing full and frank disclosure then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim. Claims have been entertained by the courts decades after divorce / separation - so it is important that you deal with things properly.
A Solicitor can help you draft the Consent Order to protect your position for the future. This should only cost circa £300 - £400.
Kind Regards
Caroline
I would be grateful if you could kindly rate my answer - positive feedback is gratefully received.
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 757
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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