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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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There was a hearing yesterday which was supposed to deal with

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There was a hearing yesterday which was supposed to deal with my application under section 37. The judge didn't make any order saying it will be dealt with at final hearing because now another exwife has decided to file a form A after 11 years since she divorced my ex-husband ! Then this ex-wife had an unless order against her from a previous hearing. She had been asked to serve unredacted evidence but I have never received anything. During the hearing they said they sent the documents by email but I haven't received any mail from them for months and I was checking both mail and email. I said that to the judge who did not seem to bother and said they will send it again by post ! I thought un unless order was serious matter but the way the judge just did deal with it is incomprehensible to me. Could you please explain what I can do about this ? Thank you
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 information firstCould you explain a little more about the situation please
Customer: replied 1 year ago.
I don't what more do you need. I do not understand why a judge doesn't make it a priority to see previous orders respected especially the unless order. And I do not understand why the fact the previous wife has decided to file a form A after 11 years has taken over my own application under section 37.
Expert:  Clare replied 1 year ago.
I need to understand a little more about the applictaion which is currently before the Court and what you wish to happen
Customer: replied 1 year ago.
There was my application s37 with a hearing yesterday. During proceedings ex has been dealing with assets and putting legal charges on properties so I have been advised to make this application to stop him from disposing of assets.
Expert:  Clare replied 1 year ago.
Right How long were you living to gather and what assets are there?
Customer: replied 1 year ago.
Married 8 years. Properties
Expert:  Clare replied 1 year ago.
What is the overall value of the assets
Customer: replied 1 year ago.
Can you please get back to my first message and give your opinion about the judge at hearing and whether I should stag about - appeal or wait ( no final hearing date yet)
Customer: replied 1 year ago.
Whether I should think of a appeal sorry about typo
Expert:  Clare replied 1 year ago.
I am sorry - this is a complex issue and I need to understand the Chronology: where the ex fits in was which of the assets she is trying to establish a claim over and when and why the Unless order was made.The extent of the assets will also help me try and untangle why the Judge made was seems of the fact of it to be an odd order
Customer: replied 1 year ago.
Ex husband put charge on matrimonial home for his friend and ex, pretending he owes her money. I contest this. Then she was invited to intervene. She did send redacted docs and previous hearing judge made unless order to produce unredacted docs. Which to my knowledge she didn't as I haven't received any email. Then she suddenly file for A 2 weeks before my s37 hearing date.
Expert:  Clare replied 1 year ago.
Ah I see thank you that is much clearer already.When was the Unless Order made and what was it meant to cover?
Customer: replied 1 year ago.
Unless order made 8 months ago and was meant to obtain unredacted docs because judge said as they were they would be rejected in a hearing
Expert:  Clare replied 1 year ago.
RightSo they have not yet been served.Why has she suddenly filed a Form A?
Customer: replied 1 year ago.
No the judge ask them to serve them now, not interested in unless order! No evidence asked about what they said(sent by email). About her filing form A now, I was asking the question but judge just said she has right to do so. I said it should be considered yet another attempt at reducing defeating my claim but judge did not seem to bother. She had no idea what was in file already and just asked for all to make new forms E and all the process. And my s37 seems forgotten.
Expert:  Clare replied 1 year ago.
Yes it does seem that there is some confusion about what is going on.How long ago was their divorce and do they have any children together?What assets did they have together (in other words how relevant is her "claim")
Customer: replied 1 year ago.
They divorced 11 years ago no children.
Expert:  Clare replied 1 year ago.
OkWhat assets were there then?
Customer: replied 1 year ago.
I've already answered : properties.
Expert:  Clare replied 1 year ago.
At the time of their divorce what properties were there
Customer: replied 1 year ago.
Are you going to answer my first question soon?
Customer: replied 1 year ago.
There were properties but some have been sold and new ones bought during our marriage. So now I think 3 date to previous marriage and 5/6 bought during mine.
Expert:  Clare replied 1 year ago.
The problem is that whilst you , understandably, are focussed on the specifics of the applictaion that you were making, the Judge is looking at the case as a whole and is making orders designed to progress the case forwards as swiftly as possibleThere is now a need for new Form's E and of course you are still awaiting the original documentation regarding the "charge"Having said that it seems likely that it has already been accepted by your ex that the Charge argument is not likely to be successful - hence the move to the Form AWhether an Appeal is justified depends if the real risks that he will dispose of all the properties - which depends on who owns them- could you give me an overview
Customer: replied 1 year ago.
Most of the properties are in his name but maybe three are in her name but there are agreements between them as documents prove he is the owner and that he is just using her name. And what about the unless order?
Expert:  Clare replied 1 year ago.
The Unless order does not cover the applictaion by way of a Form A - hence the problem.The unless Order related to documents which purported to create Charges in favour of his exHowever she has now made her own application for the finances of HER marriage to your ex to be dealt with
Customer: replied 1 year ago.
So if I understand well I am basically back at the point where we started more than two years ago and I can't do anything about that? And doesn't the fact they decided to move to form A make it clear to the court they are trying everything to defeat my claim or reduce my rights?
Expert:  Clare replied 1 year ago.
Oh yes it certainly tells the Court that and you will be able to use that!Sadly otherwise you are indeed back where you were - although I assume that there has been disclosure and are not actually back at the beginningCold comfort I know
Customer: replied 1 year ago.
There has been disclosure but not honest and the fact he was disposing of assets was the reason for my s37 application. But now I'm confused as to what I'm supposed to do. Just accept new situation and forget what has been disposed of? Will this be dealt with during final hearing?
Expert:  Clare replied 1 year ago.
What has he actually disposed of?
Customer: replied 1 year ago.
Sold properties, used money and sent money abroad,
Expert:  Clare replied 1 year ago.
How much were those properties worth and how much are the remaining properties worth?
Customer: replied 1 year ago.
The value of the properties sold is less than the value of the remaining properties.
Expert:  Clare replied 1 year ago.
In that case there is no great cause for concern.If the Court beleives that he has deliberately divested himself of assets then they can simply give you more of what is left
Customer: replied 1 year ago.
Thanks. Not sure I'm am less confused as to the Court management of this case as there have been many delays and all were benefiting him. And he has been disregarding deadline and court orders but no judge seems to bother when I complain...Any feedback on that?
Expert:  Clare replied 1 year ago.
Frankly I think you are correct - it has been poorly managed and things have been allowed to drift.Rather than making a direct complaint at the next hearing produce and present a concise Chronology of all the Orders that have been made to date and highlight any which have yet to be fulfilled and merely say you hope that will be of assistance in the matter
Customer: replied 1 year ago.
So there's nothing to be done against poor management?
Expert:  Clare replied 1 year ago.
I wish - a formal complaint when matters are concluded is the only option I am afraid
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.

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