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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My partner applied decree nisi June 2014, he has been

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My partner applied for a decree nisi June 2014, he has been wrangling with his wife all this time for a financial settlement. It is a nightmare situation, he was married for 6 years and they have a son. He was in the armed forces for 32 years and received his gratuity after they split however she wants nearly half of it. My question is can he now apply for a decree nisi through the Scottish courts as he's been living here for over three years. Also what would happen if he spends some of the money to pay some debt. There is no legal agreement in place and he feels as though she is just squeezing for more and more and his solicitor thinks he should just give in every time even though she has stolen money and possessions from him.
Submitted: 10 months ago.
Category: Law
Expert:  ukfamilysolicitor replied 10 months ago.
Hello Welcome to Just Answer I am a Solicitor and will try and assist you. Please may I ask: - were the current proceedings commenced in England?- in respect of the matrimonial finances - has mediation been attempted in the last 3 months? Kind Regards Caroline
Customer: replied 10 months ago.
They were in 2014 but nothing else has happened court wise, letters have been going backwards and forwards between solicitors at great cost so yes. However they cannot agree, he feels she wants to much and she has stolen from him but no one seems to think that matters
Customer: replied 10 months ago.
All along it has been do what she wants give her what she wants and the amount has crept up and up and still she isn't happy. She's now taken all of his possessions and furniture including very personal gifts, she has got to keep her house he's had to sell his. She's sold off loads of his belongings, tools, possessions etc and she took money from his mortgage account after they were separated. He wants to know if he can go through a Scottish court now considering it's a stalemate. Or he's just going to walk away spend the cash paying debt and let her take him to court. He got his gratuity after they separated he doesn't feel she's entitled to so much. He's aware he needs to pay her some of his pension and he's fine with that and he pays for his son every month without fail.
Expert:  ukfamilysolicitor replied 10 months ago.
Hello Thank you for your response. I am sorry to say - that since proceedings have already commenced in England - then the English Courts have 'ceased' Jurisdiction of this case and therefore it would not be possible to apply in Scotland. I completely agree that this has gone on far too long and does need to be finalised. The longer this goes on - it will only be the solicitors that are the 'winners' in respect of their fees. Litigation is a risk - but this cannot go on indefinitely. It is worth considering mediation. Lawyers are not involved in mediation and therefore the cost is significantly lower. It is a prerequisite that mediation is attempted within the last 3 months before the case can be referred to court. This however doesn't apply if one party is residing out to the Jurisdiction - see part 3D of this Form: https://www.justice.gov.uk/downloads/forms/fjr/Form_A_web_0414_3.pdf Your partner could therefore refer matters now to court in respect of the matrimonial finances if he feels that negotiation is simply not working. Kind Regards Caroline Please kindly remember to star rate our service so that we receive credit for helping you today
Expert:  ukfamilysolicitor replied 10 months ago.
Hello i could call at about 5.15pm - would that be ok? Kind Regards Caroline
Customer: replied 10 months ago.
I just wanted to know one more thing. He's tried mediation right at the beginning ended up a shouting match, lots of hatred I'm afraid. I know you cant say go ahead and spend your money. However what he wants to know is if he just leaves it and lets her take it to court where he can have his say and everything will be put on the table. Will he be sent to prison for spending his money? He was just going to pay solicitor off walk away and let her push it through as its cost to much already. He wants to pay debts I'm terrified they will do something to him like prison even though its his money and there is no agreement. Probably sounds stupid I know my friend is a solicitor up here and she said spend it they cant take what he doesn't have (unofficially of course!) I'm at my wits end cant stop crying with the stress!! If you would rather call and charge me for this advice I understand completely and that time would be fine. He's going to do it anyway he feels totally hard done by and screwed over and is sick to death of her demands. Its causing so much strain :(
Customer: replied 10 months ago.
can we please keep this conversation private please, ive done this off my own back out of fear and worry!
Expert:  ukfamilysolicitor replied 10 months ago.
Hello Under no circumstances is going to be sent to prison for spending his money. In fact if he can establish that he has used the money to pay off debt - then this a positive as it reduced the matrimonial liability. Your partner just needs to keep records of his transactions so that his ex cannot say he is trying to reduce any claim that she may have. I am so sorry to hear how this is affecting you! This really does need resolving. You need to live and purchasing items to do this should not make you have to worry at all. If you need me to help with naything else - I can still call you later if you like? Kind Regards ***** you for your response. I am sorry to say - that since proceedings have already commenced in England - then the English Courts have 'ceased' Jurisdiction of this case and therefore it would not be possible to apply in Scotland. I completely agree that this has gone on far too long and does need to be finalised. The longer this goes on - it will only be the solicitors that are the 'winners' in respect of their fees. Litigation is a risk - but this cannot go on indefinitely. It is worth considering mediation. Lawyers are not involved in mediation and therefore the cost is significantly lower. It is a prerequisite that mediation is attempted within the last 3 months before the case can be referred to court. This however doesn't apply if one party is residing out to the Jurisdiction - see part 3D of this Form: https://www.justice.gov.uk/downloads/forms/fjr/Form_A_web_0414_3.pdf Your partner could therefore refer matters now to court in respect of the matrimonial finances if he feels that negotiation is simply not working. Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
ukfamilysolicitor and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Thanks so much that has put my mind at ease, I've bee so worried! I know he's right and he's an honourable man. I would gladly pay again for your advice. I would appreciate a call later just to clear up the way ahead if you don't mind? 5.15?
Kind regards *****
Expert:  ukfamilysolicitor replied 10 months ago.
Hello Vicki I can do that speak at 5.15 Kind Regards Caroline

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