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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33948
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I would like to apply pending suit to court

Resolved Question:

Hi, I would like to apply for Maintenance pending suit to court prior to my FDA which is in less than two weeks away. I cannot afford a solicitor because I am a university student and and a single mum. My ex spouse earns a lot, hence he could afford it. How can I write a witness statement and what else do I need to do in order to send my application through? Thanks, Nargilya
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HIThank you for your questionMy name is ***** ***** do my best to help you but I need some further informtaion firstDo you mean you wish the applictaion to be heard at the FDA?
Customer: replied 1 year ago.
Hello Clare. That's right
Expert:  Clare replied 1 year ago.
Have the Forms E been exchanged?
Expert:  Clare replied 1 year ago.
How much have the improvements that you have paid for increased the value of the property?
Expert:  Clare replied 1 year ago.
How much have the improvements that you have paid for increased the value of the property?
Customer: replied 1 year ago.
Me and my ex exchanged our Form E's as well as the second part (questionnaires). Now, we are just waiting for our first hearing which is on 25 April. I was advised to apply for Maintenance Pending suit due to my income. My ex's income is significantly more. I just do not know how to start my witness statement and the rest.
Expert:  Clare replied 1 year ago.
Are you aware that the site charges extra for a phone call
Customer: replied 1 year ago.
Could you confirm how much I am getting charged for this conversation please?
Expert:  Clare replied 1 year ago.
At the moment you are being charged whatever you originally offered.If you wish to have a phone call the site will charge more
Customer: replied 1 year ago.
Could you help me with my original question please? I don't think I need a phone call
Expert:  Clare replied 1 year ago.
That is fine (and that is also why I asked)Most of the informtaion is already in the Form E so you simply need to do a short statement highlighting your financial difficulties.Do you need a guide for the format - and just how much does he earn?
Customer: replied 1 year ago.
Yes please. The guide would be great. My ex's earning are approximately £38K per annum. He is self-employed. I live off student finance, credit cards and benefits.
Expert:  Clare replied 1 year ago.
What capital does he have?
Customer: replied 1 year ago.
He has a mortgage he rents out, two cars, inheritance from his father (which is under trust) and he is a beneficiary. He live is one of the property's he is a beneficiary of. Net worth of that house is £500.000
Expert:  Clare replied 1 year ago.
Where are you living?
Customer: replied 1 year ago.
I live in a rented accommodation with my 4-year-old son which is mostly paid by the housing benefit
Customer: replied 1 year ago.
It's his son also
Expert:  Clare replied 1 year ago.
Why could you not live in the property he rents out?
Customer: replied 1 year ago.
Because, there is no way he would allow me to. He does not want to give me or his son anything apart from the CSA money of £347.00 per months. Hence I am taking him to court
Expert:  Clare replied 1 year ago.
Would it be suitable for your (ignore his wishes - the court will!)
Customer: replied 1 year ago.
Thing is, when I left Chris just over two year ago I had to wait for two year separation before applying for divorce. I wanted everything to be amicable and did not want to claim anything from him. My initial proposal was only £40K to pay off my student finance and other depts. He truly believes that I do not deserve anything. I did not know the law until I applied to court for financial order. Now, I want him to give me a place to live a car that is on my name and a periodical payment for our son. So, going back to your question, this would be one of my proposals.
Expert:  Clare replied 1 year ago.
How much is the property worth and how much is outstanding on the mortgage
Customer: replied 1 year ago.
It worth about £125,000, but he only paid off about 40,000
Expert:  Clare replied 1 year ago.
Ok - so in fact it would be a reasonable settlement!Has he solicitor made any offers at all
Customer: replied 1 year ago.
He is rather stingy person. He does not have a solicitor and doing all the paperwork for himself. He does not have any offer for me
Expert:  Clare replied 1 year ago.
He is going to hate the result.Is his Form E accurate?
Customer: replied 1 year ago.
There is a lot of information missing in his FormE. I referred to them in my questionnaire.
Expert:  Clare replied 1 year ago.
is there enough for the Spouse maintenance to be dealt with
Customer: replied 1 year ago.
Yes, he does have enough
Expert:  Clare replied 1 year ago.
Sorry - I meant has he already given the court enough information so that it is self evident that he can afford spouse maintenance?
Customer: replied 1 year ago.
He hasn't given all of the information. However, from what he has given I gather he has overall £5000 per month
Expert:  Clare replied 1 year ago.
RightSo all you need to do is give notice that you wish to apply for this at the first hearing (use a Form A again) and put together a Statement which concentrates on your income needs (and his ability to pay)This websitehttp://www.nofamilylawyer.co.uk/useful-documents.htmlgives you some very useful templates.You will need to send this in advance to your ex so that he is aware of the applictaion - and should do it this week!I hope that this is of assistance - please ask if you need further detailsClare
Clare, Solicitor
Category: Law
Satisfied Customers: 33948
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much for your advice. Very helpful indeed. I'm sure I'll contact you again in near future.Nargilya
Expert:  Clare replied 1 year ago.
You are most welcome - good luck

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