Hi, thank you for your question. What stage of the divorce have you reached?
Have either of you pursued an application for financial relief arising out of the marriage, or have there been any negotiations regarding a financial settlement?
Thanks for the further information. Firstly, as there are no financial relief proceedings, she has no obligation to provide full and frank financial disclosure to you or her solicitors. The divorce proceedings do not need such financial disclosure.
In relation to the child maintenance, you can contact the relevant benefit agency to inform them that you now have sole care of the child and to request child benefit be transferred to your name - you would then be able to apply to claim child maintenance from her.
In relation to the home, as you are married and have a child together, it is not a clear cut 50-50 split of assets. You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. For your information the criteria considered by the court in these matters is:1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;3. The standard of living enjoyed by the family before the breakdown of the marriage;4. The age of each party to the marriage and the duration of the marriage;5. Any physical or mental disability of either of the parties to the marriage;6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Apologies for that - the solicitor does not necessarily have to discontinue acting for a client if that client is being investigated for fraud. If there has been intentional deceit or dishonesty by the client towards their legal team, it is for the legal team to decide if there has been a breakdown in their relationship to merit cessation of acting, but in the circumstances you have outlined I do not think this is met.
I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.
Hi, I note you have left a negative rating. Please could you confirm what you are not happy about so that I can provide you with all the information you require to resolve this matter.