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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 995
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Good morning. I am living abroad and have no income, my ex

Customer Question

Good morning. I am living abroad and have no income, my ex husband is living in the marital home with our 2 children, ages 16 and 19, both in full time education. I would like to receive a proportion of monies from our 31 years together, we have a joint mortgage, my husband refuses to sort things out with me or even give me his email address, only contact is through facebook. Could you please advise me as to where I stand and what can I do? Also can I claim any benefits from the UK? Thank you
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.
Please may I ask:
- do you want to be divorced?
- does your husband?
- what is the equity in the matrimonial home?
- any other assets?
- what country are you in?
Kind Regards
Caroline
Please note I am a family lawyer and can advise you in respect of this area. In respect of benefits advice you are best contacting a specialist benefits agency
Customer: replied 1 year ago.
Hi, we are divorced already, maybe 1 year now. Approximately 120k equity is in the matrimonial home and other assets we shared would be 1 car, 1 van, 1 motorbike plus household furniture. I am currently in Turkey. Thank you
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming this for me.
Please can you confirm that you have not remarried?
Have you and your husband exchanged financial information yet?
Any offers or agreement been made?
Kind Regards
Caroline
Customer: replied 1 year ago.
No I havent remarried, and the only financial information that we have spoken about is that he says I am entitled to nothing, which is very frustrating, and no offers or agreements have been made as he refuses to talk civilised to me.
Thank you
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for this information.
I am sorry to hear about the difficulties that you are experiencing with your ex.
How long were you married?
Are you planning on coming back to the UK shortly?
Kind Regards
Caroline
Customer: replied 1 year ago.
Yes, thank you. We were married for 21 years, but brought our first house together 3 years previous to that. I am hoping to get back to the UK, but, as I said, I have no income or permanent home, so it is very difficult.
Kind regards, Andrea
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Andrea
Thank you for confirming that for me.
Your husband is wrong when he says that you are not entitled to anything. You are entitled to make a claim in respect of the matrimonial finances.
It is important that you do not remarry - as to do so would mean that you give up your right to make a financial claim.
You need to issue an application at court. You are suppose to attend at mediation first to try and resolve matters without the need for court - although you can by pass this step if you are abroad - if you can come back and try and mediate then this can lead to a speedier resolution of matters. You would have to come back for court any way so you may as well mediate if you can.
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 ex would 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 husband won't engage then you need to issue Form A at a family court. Normally fee is £215 - but court have a remission / reduction scheme - fill out form EX160 and send this with Form A and the court will tell you if you have to pay a fee.
You are going to get a settlement whether this be by agreement or court - it's just going to take a bit of time. If you can come back this will be easier and quicker to acheive.
Please don't hesitate to ask if I can clarify anything for you
Kind Regards
If you are happy with the service please kindly remember to rate positively so that I receive credit for my work
Customer: replied 1 year ago.
Thank you Caroline, this makes me feel so much better. Can I complete these forms online, and if so what website are they on? Something that you probably need to be aware of, is that I had to leave my job in the UK due to ill health, stress etc. When I left the marital home, the financial and mental stress was very high and I was on medication for a year for phychological reasons, physically not being able to face people and severe panic attacks, of which I am still suffering. Also my ex husband is claiming that I owe him 20,000 pounds towards mortage payments that he's made since I left the home, and that I have to wait until the children are working full time, is that correct?
Kind regards,
Andrea
Customer: replied 1 year ago.
Oh sorry, forgot to ask, if I go back to the UK, am I entitled to live in the marital home?Thanks, Andrea
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Andrea
The Forms are available here:
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=2655
https://www.justice.gov.uk/courts/fees
In relation to the stress that you have detailed - you may be able to get legal aid - this is now only available if you have suffered physical, emotional or financial abuse from your ex in the past 2 years and also if you qualify in respect of means. You need specific domestic violence evidence to qualify for legal aid. I suggest that you discuss how you are feeling with your GP - if you GP is satisfied that you are suffering with a condition such as stress as a result of your ex's behaviour and they complete a specific template letter - then you should take this letter to a legal aid solicitor so that they can complete an assessment in respect of your means. See these links for further information:
https://www.gov.uk/legal-aid/domestic-abuse-or-violence
http://civil-eligibility-calculator.justice.gov.uk/
You don't owe any money since separating - although the court may apportion your ex a bit more.
Housing needs of children under 18 are priority - although if court considers if enough equity to meet needs - then parties should downsize. If a buyout is possible this could also happen before.
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Is the MH in joint names?
Customer: replied 1 year ago.
OK, thank you, ***** ***** look at these. The home is in joint names, yes. Does it make a difference, I know you said about being married, but my ex husband is now engaged and his fiance has her own home, also within 2 weeks of me leaving the home, my husband, whilst the children were in the home, slept with my youngest sons football managers wife (not the now fiance), they found her in bed naked, would this have any effect on matters?
Thanks again, Andrea
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Andrea
If you are a joint owner then you have a legal right to occupy. Please however be aware that if there were difficulties your ex might ask the court for an occupation order to temporarily exclude you.
In respect of his behaviour this won't affect the financial settlement. Behaviour normally doesn't affect the outcome.
Kind Regards
Caroline
Customer: replied 1 year ago.
Thank you for all your help, its very much appreciated.
Kind regards,
Andrea
Customer: replied 1 year ago.
Oh sorry Caroline, how long would the financial settlement take if I remain abroad and if I went back to the UK.
Andrea
Expert:  ukfamilysolicitor replied 1 year ago.
It all depends on your husbands willingness to engage.
If your in the UK you can go to mediation and if matters can be agreed there - this could finalise in a couple of months.
Proceedings at court will take the same time whether or not your in the Uk - about 5 months - but even if you stay abroad - your still going to have to go to the court hearings - so you would have to travel back and forth.
Kind Regards
Caroline
Customer: replied 1 year ago.
OK, thanks again. I will pursue everything you have said.Kind regards,
Andrea
Expert:  ukfamilysolicitor replied 1 year ago.
Your welcome Andrea
I wish you all the best
If you are happy please remember to rate positively
Kind Regards
Caroline
Expert:  ukfamilysolicitor replied 1 year ago.
Please kindly remember to choose a smiley face if your happy with your service - otherwise we receive no credit for our time. Kind Regards.
Customer: replied 1 year ago.
Caroline, can i download all the forms online?
thanks, andrea
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Andrea
Yes you can - court forms can all be obtained all be obtained from hmcts
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline,
Can I submit the forms online? Also my youngest son is not 18 until 2017, how does this affect the chance of a settlement shortly?
Regards,
Andrea
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Andrea
Sorry - The forms cant be submitted on-line.
In respect of your son - as discussed above - Housing needs of children under 18 are priority - although if court considers if enough equity to meet needs - then parties should downsize. If a buyout is possible this could also happen before. This will all become more apparent in the full disclosure stage of your application.
Happy to continue discussing but would be grateful if you could kindly rate positively.
Kind Regards
Caroline
ps your question does not close when you leave positive feedback and I can answer your follow up questions for free.
ukfamilysolicitor and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Caroline,Im attempting to complete the forms you said online, but I am stuck on some questions:1. What does deduct equity disregard mean?
2. Does the client have a partner whose means need to be aggregated mean?
3. Case category, what is this?Thank you,Andrea
Expert:  ukfamilysolicitor replied 1 year ago.
Morning Andrea
If it's the legal aid your looking at then answers are as follows:
1) you get up to £100k disregard for any equity in a property. Say if house value is 200k and mortgage is 100k then equity is 100k as joint owners this is half - so your equity is 50k. If less than 100k equity then you put 0.
2) do you live with a partner
3) divorce and matrimonial finances
Kind Regards
Caroline
Customer: replied 1 year ago.
Thanks Caroline,Can you define partner for me please? I'm currently living free of charge in a friends house, looking after it, cleaning/gardening etc.Thanks,Andrea
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Andrea
A partner is more than a friend. It is someone who you are in a relationship with.
Please do note that you are only going to be able to get legal aid if you are back in the UK
Kindest Regards
Caroline
Customer: replied 1 year ago.
Oh OK Caroline thank you. How do I pay for everything then, is it worth me filling in the legal aid form then or not?Thanks
Andrea
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Andrea
You need the DV evidence first - so first thing to do is see your GP.
When you have done this - take it to a legal aid solicitor and they will assess you for legal aid.
Kindest Regards
Caroline
Customer: replied 1 year ago.
Ive tried this before with no joy, as it is strict to a template. My drs are no longer there, I have to find a new one when in the UK, I did say that Im in Turkey, so is there no chance of legal aid, even though I have no money etc? Can the costs come from the settlement?
Thanks
Andrea
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
You are going to have to be in the UK do to apply for legal aid. You do have to have the DV evidence to apply.
Some firms may be able to offer a litigation loan until you get a settlement - you would need to make enquires with various firms to see if they will do this.
Kind Regards
Caroline
Customer: replied 1 year ago.
Good afternoon,
I would like to speak to someone regarding any benefits I may be able to receive.
Thank you
Expert:  ukfamilysolicitor replied 1 year ago.
Good morning
I hope you are well
Your best trying to make a telephone appointment with a Citizens Advice Bureau
Try this number 03444 111 444
Kindest Regards
Caroline
Customer: replied 1 year ago.
Hi,
So there is no one there that can advise me?
Regards,
Andrea
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Andrea
I'm not sure if we have any benefit specialists.
If you pose a new question - if someone has the relevant expertise they will respond.
Kind Regards
Caroline
Customer: replied 1 year ago.
OK, thanks Caroline.Regards,Andrea
Expert:  ukfamilysolicitor replied 1 year ago.
your welcome
kindest regards
Customer: replied 1 year ago.
Hello again,I am struggling with the links regarding my property. I have managed to complete the form for the Court, but am I supposed to send a fee with it? As I stated to you, I have no money or income, all of my money is in the house. Please can you clarify if I can send just the form without a fee. I have also looked at the Form E50, which there is no way I could pay those fees. Please advise.
Thank you
Andrea
Customer: replied 1 year ago.
Please could you also advise me, regarding my debts in the UK, should I apply for bankruptcy, if so, how would I go about that?Thanks
Andrea
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Andrea
You will need to pose a different question for this also as its not in my specialism.
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline ,
You have not responded to my first question regarding court fees, it clearly states i need to pay 10 k up front, is that correct..you certainly didnt advise me of this, please respond, as i could of read it wrong.Regards
Andrea
Expert:  ukfamilysolicitor replied 1 year ago.
Sorry Andrea
I missed that and only looked at the last box.
I think you've got a bit confused with the Forms.
The Court Form is Form A
https://www.justice.gov.uk/downloads/forms/fjr/Form_A_web_0414_3.pdf
The court fee is £255. That is the only fee payable unless you submit an order by consent - which is £50. There is no additional court fees.
Kindest Regards
Caroline
Customer: replied 1 year ago.
Hi, yes I am confused, I have Form A, completed and ready to send, but I said I have no money to pay for the court, so can the fee come out of the settlement at the end? I would like to know exactly what I need to do and send at this moment in time please.Regards
Andrea
Expert:  ukfamilysolicitor replied 1 year ago.
Morning Andrea
You need to complete Form EX160 and send it with supporting documents to the court - they will then assess if you have to pay a fee and let you know. If you do have to pay something - you would need to pay this before the claim is issued.
Kind Regards
Caroline
Customer: replied 1 year ago.
Thank you, ***** ***** have the form for me please as before?Kind regards
Andrea
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex160a-eng-2015.10.pdf
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex160-eng-2015.10.pdf
Guidance and form attached for you
Kind Regards
Caroline
Customer: replied 1 year ago.
Thank you, ***** ***** like what I need.Regards
Andrea
Expert:  ukfamilysolicitor replied 1 year ago.
Your welcome Andrea
Kindest Regards
Caroline
Customer: replied 1 year ago.
Morning Caroline,Just to clarify my questions, the only form I need to fill in is Form A? Do I have to have mediation? and where do I send to? Will I be contacted once they have received them?Regards,
Andrea
Expert:  ukfamilysolicitor replied 1 year ago.
Good Morning
Normally you do need to go to mediation first - Form A does include an exemption if are abroad.
Once Form A is sent to court - the court will make directions about the completion and exchange of Form E and also list the case for the first appointment.
Kind Regards
Caroline