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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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In divorce financial proceedings, what process is necessary

Customer Question

in divorce financial proceedings, what process is necessary to subpoena hostile witnesses, to to defend fraudulent claims, from my wife (supported by her sister ) involving a £40,000 deposit on our matrimonial home? I need the full application process, as due to excess equity, I am unable to access legal aid, or assistance from citizens advice,also what process is necessary to obtain the addresses of the hostile witnesses, known only to my wife? I am disabled, living soley on benefits
Tony Lethbridge
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. To provide you a full answer please confirm: -Have divorce proceedings started?-If so, has an application for financial relief been submitted and what stage has it reached?
Customer: replied 1 year ago.
Divorce proceedings started January 2014, Nisi granted at this time. Application for financial relief were returned to the court (including my response) in January 2016.there is a directions hearing 24]4]2016, and the final hearing in the first week of may.Tony
Customer: replied 1 year ago.
The house was purchased 20 years ago, and no documentation exists as regards ***** ***** equity came from.
Expert:  Harris replied 1 year ago.
Thank you - so is your wife claiming that her sister loaned her £40,000 20 years ago to purchase the former matrimonial home? If not, what is she claiming?
Customer: replied 1 year ago.
My wife is claiming that her sister personally provided £40.000 pounds (half the purchase price) to be held in trust fr the benefit of any children of our marriage, in effect, half the current value of the house, her sister has been added to financial proceedings, due to this claim. When as stated, the deposit was my wifes share of equity from a house she jointly owned with her mother. I am attempting to subpoena another sister, her husband, and my motger-in law, to counteract these claims.
I am considering the offer of phone contact.
Expert:  Harris replied 1 year ago.
Thanks - as part of the financial relief proceedings, as the sister has been joined as a party she will have to go through disclosure of evidence to support her position.At this time, you should be asking the relevant questions regarding this position as well as requesting financial disclosure from both wife and the sister.Once you have received any disclosure it will then be possible to assess whether the other members of the family should provide witness statements and attend to give oral evidence at a future hearing. Given that it does not appear that there has been disclosure of evidence, then it would not be appropriate for a judge to direct for witness statements from the extended family but you should outline to the judge at the first hearing that this will be your intention at a later date.There is no application necessary and the judge just needs to make a direction at the hearing for the witness statements.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
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Customer: replied 1 year ago.
we are currently going through the disclosure process, only yesterday was her sister adding herself to proceedings. My wife acquired 50 percent ownershio of our former home, jointly owned by her mother, soley on the understanding, that I renovated, what was a delapitated, uninhabital wreck. I sincerely ***** ***** for your time.
Expert:  Harris replied 1 year ago.
Thanks. You should ensure that you scrutinise all their disclosure and once you have this you can raise a questionnaire asking for clarification of details and further documentation if necessary. Once answers to your responses have been received, if there is outstanding information which remains undisclosed or if further issues arise from the new disclosure you can raise a schedule of deficiencies and request for further information. All this does not need to be done before the next hearing and the court will make directions that are necessary.
Customer: replied 1 year ago.
My wife has 20 years mental health history,,' I missed the first hearing, suffering flu-like symptons. In the hearing, the judge ruled that her medical history can not be used in court. I had been her main carer for 20 years, and have had both written, and oral (dealing over the phone) consent, to deal with her affairs. I am appealing over this decision. Any advise on this matter?.
Also, My wife, continues to (1) state I have a police caution, for strangling our youngest daughter, when the allegation was withdrawn, and no charges brought.against me. (2) On 13th Dec 2014 in a child hearing, my wife admitted that I had never raised a hand to her or our 2 daughters, throughout our marriage, but still persists on pushing allegations of violence in court, to strengthen her financial claims. What is your advice on this matter?
I live on benefits, and have had to pay £1200, My wifes solicitior costs for missing the first hearing, having informed the court by phone, the previous day that I was too ill to attend. Is it possible to recoup this money?
Finally, the degree of equity in the family home,means that legal aid is not possible, citizens advise state the same. Is it possible to get free legal assistance through the Law society in any way?
Regards Tony
Expert:  Harris replied 1 year ago.
Thanks.You will not be able to obtain legal aid unless you have evidence of domestic violence from her towards you. Furthermore, as a costs order has been made against you, it will not be possible to contest this - this is because you had only notified the court the night before and there would not have been time to postpone the hearing.In relation to the medical records and issues with the children and alleged violence, this will not impact the court's decision regarding the financial matter unless it is shown that any of these issues had led to financial misconduct.