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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33820
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Have been married 13years one child aged 13 with ex no

Resolved Question:

have been married 13years one child aged 13 with ex no contact except child maintenance.
Submitted: 11 months ago.
Category: Law
Expert:  Clare replied 11 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further informtaion firstWhat would you like to know?
Customer: replied 11 months ago.
The original question was my ex who has been convicted of assaulting me causing actual bodily harm has filed for a divorce and has blocked me from selling my Trike by contacting Ebay and saying it is hers. It is not it is mine I bought it with compensation money and I tax and insure it. She does not even have a drivers licence. Can she do this.
We were married for 13 years and a son who is 14 this June, who I do not see or have contact with him.
The Courts have banned her from getting in contact with me either in person or through another person. Only contact is allowed through solicitor or Child care social workers if it is about our son.
The Courts also banned her from living in the same house or going to my place of work or the Tesco store near my job.
I have had my life threatened by her family and my house has been attempted to be broken into as well.
What rights have I got to sell what is mine to help make ends meet and clear the debts she has left me with.
Expert:  Clare replied 11 months ago.
Have you provided ebay with the evidence of ownership?
Customer: replied 11 months ago.
Yes, but they say it is their policy to stop an item going on line if someone says it is theirs .
Expert:  Clare replied 11 months ago.
Do you have a friend who could sell it for you without your ex being aware?
Customer: replied 11 months ago.
yes my parents say they would do it for me even if it meant my stepfather paid me a nominal amount say £1 and I transferred it to him and then he sold it on that way, but was not sure how we stood on this.
Expert:  Clare replied 11 months ago.
How far has the divorce reached?
Customer: replied 11 months ago.
I have received the petition from her via the courts no solicitor involved as she is doing it herself. Is filling under adultery with no named person and marriage broken done.
Have sent the papers back, court lost first set so had to resend. Have said No to agreeing to her terms of Divorce and have stated separation due to Violence on her part and supplied copy of Court Decision and restraining order. Also do not agree to lump sum for her or my son as I do not have the money, or to pay her costs as she is getting it under legal aid. I have been told she is now working part time again, and paying into her pension again. (The police evicted her from the house last October and the Court sentence was December with a years ban) Abuse team keep in touch with me to make sure I am ok.
Expert:  Clare replied 11 months ago.
Which part of the Uk are you in?
Customer: replied 11 months ago.
Cambridgeshire
Expert:  Clare replied 11 months ago.
What makes you believe that your ex has Legal Aid?Have you actually filed a defence and Cross -Petition
Customer: replied 11 months ago.
The fact that she is asking that I pay all costs and that a friend of hers has said she has got legal aid as she is on benefits at the moment.
No I have not yet cross petitioned only filled out the papers that were sent to me with the notice that she has filed for divorce.
Have stated on the form (acknowledgement of service) were it says do you agree with the statement as to the grounds, if not please state the grounds on which you disagree.
I can not afford a solicitor to act on my behalf unless my parents would help otherwise I would go to court and fight it all the way, the right to see our Son (even have custody of him to take him away from her violent reaction to someone saying she is wrong and away from her son by a previous relationship who is a known drug taker and has been serving time in jail for burglary) Social services are involved with him as he also is kept away from school when it suits her and needs company at home.
Expert:  Clare replied 11 months ago.
There are two issues thereSo far as the divorce is concerned it is unlikely that she has legal aid - she is clearly dealing with the matter herself.In fact the ground she has chosen is one that can only work if you consent to the divorce and admit adultery - which I assume you will not do.If you wish to go ahead with the divorce then you need to file a formal answerhttp://s3-eu-west-1.amazonaws.com/hmctsformfinder/d008b-eng.pdfand your own petitionWith regar dto your son you need to discuss the issue of contact with Social ServicesThe fee is £245 - but you may be eligible for fee remissionhttp://www.lease-advice.org/documents/ex160-eng-2015.10.pdf
Customer: replied 11 months ago.
If I sell the trike will she be able to claim any money from it, also if the divorce goes ahead do I get half of her pension when she gets it. I will have an army pension when I reach sixty which is someway off as I am only 49 this month
Expert:  Clare replied 10 months ago.
How much is the Trike worth and how long did you live together for?
Customer: replied 10 months ago.
The trike once it gets through it next mot is worth approx. £2500 .
We were together for 13 and half years.
She is already with another man and intends marrying him as soon as she gets the divorce.
Expert:  Clare replied 10 months ago.
What assets and income does your ex have?
Customer: replied 10 months ago.
part time cleaner/housekeeper approx. £200 per week , 2 works pensions at present valued at £2000 and £1500. Then there is income support, child benefit and £221.38 Child maintenance from me for Daniel. Do not know of anything else
Expert:  Clare replied 10 months ago.
Do yo live in rented property?
Customer: replied 10 months ago.
yes rent from housing association £650 per month Council tax 115 per month
As far as I am aware she is in rented accommodation as well
Expert:  Clare replied 10 months ago.
In that case she is unlikely to be awarded anything at all from the Trike moneyWhilst you do have a small claim on her pension it os equally unlikely that it would be financially viable to split it
Clare, Solicitor
Category: Law
Satisfied Customers: 33820
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Customer: replied 10 months ago.
thank you for all your help

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