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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33958
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife and I agreed an out of court settlement between

Resolved Question:

Hi,
My wife and I agreed an out of court settlement between us and in return she agreed to not go to court. I am dis lexis and have PTSD from my two years in Afghanistan. I had a serious breakdown after the split (she was adulterous while I was working away and when I finally got home she changed the locks when I was at work) and struggle greatly with the system.
I financed lawyers to gain access to my children but then ran out of money and had to lay them off.
A month ago I got a letter telling me she had gone ahead with court and in my absence and the absence of my form e, I was penalised and given too little a time for someone like me to fill out form e. It stated if it was not filled out perfectly it would be ignored.
I am in court tomorrow in Truro and have no idea what to do. I plan on simply begging for more time or assistance before the financial agreement is secured. We have three properties and she is claiming all three leaving me nowhere to see my children.
I know I am in a terrible position, and any guidance on how to handle the judge tomorrow will be greatly appreciated. It was all done in a very underhanded fashion.
Do I have the right to appeal if the decision is made tomorrow based on her data only.
I have not received her form e, but must assume the court has.
Yours sincerely
Mar. A J Palmer ASM
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** need some further information firstWhat agreement did you make and when did you receive the Court formsWhat support are you getting for the PTSDAre you still in the Military?
Customer: replied 1 year ago.
Unfortunately, verbal only agreement, I was a fool to trust my wife, but I did. She knows the effect the court process has on me.
I received only one letter from the court telling me I was too late and had failed to file. I have most form e data,..but not all. Alas my wife used to run my books, I am rather poor at it, though very good at my job and at earning.
I was a military civilian contractor working for the British for a year and the Americans for just over a year, not military.
I'm receiving CBT and medication now which is greatly helping me, but last year I had no help..not until very recently.
Expert:  Clare replied 1 year ago.
Can you scan and send the notice/letter you are referring to?
Customer: replied 1 year ago.
Added.
Customer: replied 1 year ago.
I know it is a failure on my part to deal effectively with the requirements of the process. It's a very complex and confusing process and I have felt terribly isolated this past year. I have no option but to appear tomorrow in person and essentially throw myself at the mercy of the court. I feel rather bullied and cornered which does little to aid my condition.
Expert:  Clare replied 1 year ago.
When did you receive this Order?
Customer: replied 1 year ago.
The verbal agreement was to give her all our building assets in return for a clean break and no court process. I was foolish to agree this but desperately needed closure to regain my own life and find a new path. Our assets represent 20 yrs of hard work from me and some inheritance from her.
Customer: replied 1 year ago.
I financed conciliation, I have constantly offered out of court and attempted mediation,..but she has refused it since we negotiated child visits because she doesn't like what the mediator says to her. She is of course in total denial of wrongdoing to negate her guilt. However I am only where I am because she gave no support when I returned from afghan and sent me away again to work "for our family future".
Customer: replied 1 year ago.
Last month.
Customer: replied 1 year ago.
I tried hard to meet the dates,.. But failed.
Customer: replied 1 year ago.
I officially use my now girlfriends address in Farnborough, but am rarely there so have rare access to my mail.
Expert:  Clare replied 1 year ago.
How far have you reached with the Form E?
Customer: replied 1 year ago.
Just data collection.
Valuations on property achieved.
12 months Bank records achieved.
Two of three years accounts achieved.
Calculations on outgoing and income.
But I was unable to even complete the front page of the actual form, as I do not understand the terms and am very intimidated by the threats of it being refused for any errors. Forms are not my forte and form e is very unclear indeed.
Expert:  Clare replied 1 year ago.
have you asked a friend to help you?
Customer: replied 1 year ago.
Yes, it baffles the few remaining (my PTSD and depression have left me rather isolated I'm afraid) friends I have too. I am no dimwit, I excel at my job,.. But am a very practical man.
Customer: replied 1 year ago.
Is there anything I can say or do on the day, that will give me any resemblance of hope?
Customer: replied 1 year ago.
I am effective face to face, coherent and a reasonable orator.
Expert:  Clare replied 1 year ago.
Which Part of the Front page has confused you - and just to check - you have NOT seen her Form E?Does she have a solicitor?
Customer: replied 1 year ago.
I have NOT seen her form E.
Yes she has a part time so.icitor on legal aid.
All of it to be honest, I don't know where to start and cannot obtain all the required data.
Customer: replied 1 year ago.
Do you want her solicitors details?
If you can assist at this late stage, I am happy to retain you if there is some degree of hope.
Customer: replied 1 year ago.
Any ideas? Or am in scuppered?
Expert:  Clare replied 1 year ago.
What happened to the other documents you received form the court last year?
Customer: replied 1 year ago.
Up till December they went to my solicitors in London, until I had to dispense with them as my contract expired and I was, initially unable to find work.
I believe there was only one other letter from the court.
Customer: replied 1 year ago.
I can email docs but only attach pics as working on iPad remotely.
Customer: replied 1 year ago.
I know I have been rather an ostrich and probably deserve all I'm going to suffer. It is the fact it will leave me with no assets in Cornwall, where my children live that greatly concerns me, I'm quite used to others benefitting from my work but me.
Customer: replied 1 year ago.
They were mainly regarding divorce "nisi" that I instigated.
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 1 year ago.
Ostrich yes - deserve to suffer - noHowever onwards and upwards as they say.I fully understand that the Form E looks appalling even if you do NOT have Dyslexia - but actually once you break it down it is a relatively straightforward document asking you to list financial assets.There are even on line tool kits for answering themhttp://www.advicenow.org.uk/guides/how-fill-your-financial-statement-form-e-without-help-lawyerThis afternoon and evening you MUST fill one in as far as you can and put all the financial information together that you haveIt does not matter if it is not complete but you MUST attempt it - even if a FEW of the answers are "details to follow"Armed with three copies of that you attend tomorrow. Give one to the other side and send one into the Judge with the usherYou do into the hearing and start by apologising to the court for any inconvenience caused and confirming that no disrespect was intendedConfirm that whilst you fully understand it is late and incomplete you have prepared a Form E BUT that you could not prepare a Questionnaire as you have NOT received HER form E.The point of this hearing is to either reach an agreement -(unlikely) OR to agree what information still needs to be provided so that there can be a final hearingAccordingly when you are given her form E look at the valuations - of you do not agree them then further valuations will be necessary.Please ask if you need further details
Expert:  Clare replied 1 year ago.
A copy medical report confirming the PTSD would be useful
Customer: replied 1 year ago.
Thanks Clare, you've been a great help.
Expert:  Clare replied 1 year ago.
You are most welcome - good luck
Clare, Solicitor
Category: Law
Satisfied Customers: 33958
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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