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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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After a 3 day final hearing we still do not have a signed

Customer Question

After a 3 day final hearing we still do not have a signed consent order. The judge was written to to clarify a few points in March. One issue which my lawyer missed was the fact that my ex has not agreed to contribute towards maintenance of the family house ( he left in 2012) and it is now on the market with quite significant things which need fixing. He controls all papwerwork for it and has been very difficult wrt providing any of it. He off sets all maintenance against it saying he pays the mortgage.
Is there any legal advantage for him to pay the mortgage yet no maintenance child or otherwise?
Can I write myself to the judge to clarify this point? My lawyer says it should have been included before yet he missed it.
Also is there a statute of limitation or some time deadline for all of this? The hearing was last July.
Submitted: 5 months ago.
Category: Law
Expert:  Clare replied 5 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What issues remain outstanding?

Customer: replied 4 months ago.
I want to no longer use my lawyer as he did not include maintenance of the family house in the consent order which is as yet un-signed. The house is on the market, but in current climate not selling. My ex is not paying me any of the maintenance he should but is paying the mortgage and a few bills which do not add up to the full amount. He is refusing to give me copies of the insurance etc.
We wrote to the judge in March and she ruled on a few things but the lawyer did not include the house.
I would like to remove my lawyer, and write back myself to the judge for clarification and put an end to this. It has cost me a fortune in legal fees and I do not want to use them any longer as I do not think they are any good.
Can I do that?
Thanks
Customer: replied 4 months ago.
If I can, what is the process to do so?
Customer: replied 4 months ago.
Also is it normal for the full cost of the maintenance of the family home to be left with the person living in it even if the other party gets 50% when sold?
Expert:  Clare replied 4 months ago.

But what is the actual outstanding dispute about what was agreed/ordered at court

Customer: replied 4 months ago.
the judge did not go into the detail in the 3 day final hearing.She left it for the solicitors to write a consent order afterwards. It has cost a fortune.
She said a figure for spousal and a figure for child.plus the house must be sold and split 50/50.
My ex is off-setting maintenance against the mortgage , and some bills and he pays the remainder of school fees after a family trust pay the main part.
He refuses to provide any paperwork for anything. We also have a holiday home which is in France which must be sold. He refuses to help do that although the french bank account is in his name etc. I have asked 18 times for the insurance as there has been a mudslide and the council are claiming damages for the road. It is in his name.He refuses to send the information and now the council are chasing me.
My lawyer has written back and forth to his, at vast cost, and we are getting nowhere.
My lawyer has not included in the draft consent order who pays for maintenance of the family home until sold. It will be split 50/50 when sold. The judge was written to back in March to sort out some of the detail as my ex has refused to sell some american shares and give me the money etc etc. My lawyer did not include the family house in his letter and now it has been ignored.
Obviously with Brexit the market for sale is bad, and all responsibility for the family home seems to be mine. Is there anything I can do?
Expert:  Clare replied 4 months ago.

Have you instructed your solicitor to apply for a further directions hearing?

Customer: replied 4 months ago.
No. I have spent a fortune on legal fees. Can I not get rid of my lawyer and simply write to the judge myself for clarification?
This is AFTER a 3 day final hearing last July.
Expert:  Clare replied 4 months ago.

You can certainly take over the case yourself and notify the court and the parties that in future they should deal with you.

Then you need to apply for a Directions Hearing - the Judge needs to deal with this directly and cannot do so by letter

Customer: replied 4 months ago.
How much will that cost?
Expert:  Clare replied 4 months ago.

The application fee is £95

Customer: replied 4 months ago.
but after that do you have to have a barrister?
Expert:  Clare replied 4 months ago.

Only if you wish to do so

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