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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33304
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife has been awarded excessive spousal maintenance for

Customer Question

My wife has been awarded excessive spousal maintenance for the interim till our final hearing and now she has received that she is not allowing me to release held marital assets for our final hearing. I cannot afford the SM and therefore this final hearing must go ahead - can she do this?
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further details firstWhen is the next hearing?
Customer: replied 10 months ago.
Final hearing is 27/28/29 April
Expert:  Clare replied 10 months ago.
Hi
What assets did you wiah to realise and why?
Clare
Customer: replied 10 months ago.
The monies from the sale of the marital gone which are held on solicited account and need it for final hearing as now paying interim maintenance I have no funds to pay for Final hearing and think she's going to try delay final as she's receiving a healthy monthly payment till final hearing
Expert:  Clare replied 10 months ago.
HI
Do you have legal representation?
What are the actual issues between you and what indictaion was given by the Judge at the last hearing?
Clare
Customer: replied 10 months ago.
The issue is she won't settle - she's now won interim of a large amount and I cannot afford it as had to cash in stocks and shares to pay order - order is only till final hearing. She doesn't want me to have any monies from house sale which is on solicitors account to help my legal bill for final hearing. Can I obtain an order from the court to allow me to use some of the monies for final hearing? I feel now she's getting interim she won't want to go to to final as she's getting lots money monthly as well as her tax credits and housing benefit - can I force final to happen and will
Judge allow marital monies to be accessed to pay for final?
Expert:  Clare replied 10 months ago.
Hi
Do you have legal representation?
Clare
Customer: replied 10 months ago.
Yes I have solicitor and barrister but both not great.
Customer: replied 10 months ago.
I just need to know if I can ensure the final goes ahead and that I can ask the courts to allow me to use movies held for legals for that final hearing and that my ex does not delay this final as dates set
Expert:  Clare replied 10 months ago.
Hi
For clarity - has your ex actually ASKED to delay the final hearing - has she applied to the court to do so?
Clare
Customer: replied 10 months ago.
No but she is saying no to my releasing monies for paying my legal bill for the final which makes me suspicious
Expert:  Clare replied 10 months ago.
That is what anyone in her position would be told to do - I would not let a client of mine do it either.If you need to release monies then you will have to make a specific application to the court of this and should discuss it with your legal team.There is no basis on which your ex will be able to delay the final hearing (other than serious documented illness)A three day hearing would not be vacated without a court application - and if that is made then you can ask for the capital release at the same time.I hope that this is of assistance - please ask if you need further detailsClare

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