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Clare, Solicitor
Category: Law
Satisfied Customers: 33003
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Can I issue a summons on ex mother in law seeking disclosure

Resolved Question:

Can I issue a summons on ex mother in law seeking disclosure of transfer of property to my older daughter aged 33? Reason is my ex wife, 21 years after divorce, seeking more money for herself and her mother ( aged 86 and impoverished herself by giving properties away to grand children).
Hiren **********
Submitted: 23 days ago.
Category: Law
Customer: replied 23 days ago.
In her Form E the ex wife ( only child, aged 64) has claimed her mother helps her and mother cannot manage on state pension while I know the ex mother in law has been passing on properties to grand children to avoid taxes and to claim poverty. I am 68, retired with second wife and a child of 14. I have found 2 such properties given away I need to ask if there are more. I can't refer to the Case ex wife has brought because that's sub justice.
Expert:  Clare replied 23 days 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

For clarity - you can already prove that your former mother in law has given two properties away?

Customer: replied 23 days ago.
I can. I checked from Land registry Office. In the Court my ex wife confirmed those were her mother's proerty gifted to the grand child Ayndrilla ************
Expert:  Clare replied 23 days ago.

So you can already prove that she has divested herself of assets and counter that statement by your wife - what more information do you think you need?

Customer: replied 23 days ago.
This information was recovered during Court Hearing for my ex wife's increased spousal maintenance claim 21 years after divorce. Almost accidentally I found out that 2 properties at 24 Cheviot Gardens London NW2 and*****NW4 were given away to my daughter Ayndrilla in 2003 when she was 20 years old. I need to ascertain if more assets were also gifted to her or my son Indrnayl (DOB 11.2.1988). This information strengthens my hand in fighting my ex wife's claim that her mother supports her but she is only on state pension, hence destitute. I want to prove this is self impoversation.
Customer: replied 23 days ago.
Are you there?
Expert:  Clare replied 23 days ago.

On what basis is your ex actually seeking more money - is this a variation of maintenance application?

Customer: replied 23 days ago.
She wants a variation, caplitalisation,At current monthly payment of £780,00 and age 64 Duxberry gives me £65,000 but she wants more plus share of pension
Expert:  Clare replied 23 days ago.

What stage have you reached so far - has there been a first hearing?

Customer: replied 22 days ago.
directions Hearing on*****Order for parties to submit valuation of assets to be agreed by 26 Sept. I have for agreed to theirs but they are fiddling with 3 of mine. Net asset value of hers ( before siphoning off assets to children ) is higher than mine. I also need to agree to their pension expert. Most painful because that private pension pot is all I have to live on. Replied to Questionnaire by 21/10 next Hearing 6/12
Expert:  Clare replied 22 days ago.

What assets has your ex given to the children?

You do understand that she cannot actually have a Pension Sharing Order - the valuation is about balancing assets?

Customer: replied 22 days ago.
The ex wife has given 100% of house in NW LONDON valued at £1.2 m earning rental of £42000.00 with mortgage of £90000.00 plus 50% shares of 3 more properties in London and Brighton worth £500000.00 and rental of £24000.00. If we add the value of assets the ex wife and I will have very similar values, like close to £3 million each but she has given away her single most valuable income generating asset to children while I share my single most valuable asset with my wife. She has mortgage of £148,000 while I have debt
How's the balancing of asset done?My daughter got £1.2 m worth of properties and £2400 monthly rental from my ex wife's mother who's is now claiming destitution and my ex wants me to pay.How's balancing of assets done?We have exchanged valuations
Expert:  Clare replied 21 days ago.

You do not need your former mother in law to give evidence.

You already have all the information that you need to fight this case based on the evidence already available to you

Simply present the evidence that you have when the time comes and point out that her financial position is pf her own making

Please ask if you need further details

Customer: replied 20 days ago.
Thank you so muchEx wife has £47000 after tax income ( tax return not seen yet) for herself I have £85000.00 for three of us (wife child of 14),can't I settle by paying say £65000. ( Duxberry table £780 pm her age 64)? Why they need to do capital balancing? I worked for 43 years married 8 years with her, 20 years with present wife.At time of divorce settlement I was paying 62% of earnings Only in he last 5 years my earnings increased. They make a claim that I have always earned much moreSo frustrating makes you cry
Expert:  Clare replied 20 days ago.

Who has told you that there will be capital balancing done?

Clare, Solicitor
Category: Law
Satisfied Customers: 33003
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 19 days ago.
The Judge at Directions Hearing asked for all details of our respective assets ( properties) and pensions.Their lawyer Lloyd Platt want capital balancing, huge increase in Spousal maintenance from £780 ( current) , capitalise it, pension sharing : logic being I have paid too little over 21 years.
I am ready for prison now at 68 years of age.
Customer: replied 19 days ago.
The exchange of information to be fine by 21/10 Also the replies to Questionnaire to be submitted same day. Asset values are almost similar between her and me. Her income from rent Spousal maintenance and state pension is £47000.00 ( not seen tax return yet). She wants to elevate to £71000.00 My disposable income until 12/2015 was £150000.00 Now half of that. I have a child of 14 and younger wife. If she takes 50% of pension how do we live?
Customer: replied 19 days ago.
This is what I received from their solicitor after the Hearing
Thank you for your email.
Although it is correct that you put forward your opposition to the pension report at the Hearing on 5 September 2016, the Judge did not accept that opposition and included it in the Court Order anyway.
You state in your email that the Judge had said “pension sharing was not approved in 1995, why should it now” but that is not correct. The Judge queried whether pensions had been dismissed in 1995 and my client’ barrister Howard Shaw QC confirmed that it had not been dismissed and therefore because it had not been dismissed in 1995, it is still a live issue now. I would refer you to the 1995 Court Order and you will see that it does not dismiss pensions.
You also state that the Judge said you would not agree to a pension sharing order and although this is correct, the Judge then continued to inform you that we were not dealing with whether there was going to be pension sharing at this time; we were only dealing with the matter of whether a pension report was required. As the Judge was of the opinion that a pension report was required, it was included in the Court Order.
I look forward to hearing from you in due course in accordance with the Court Order.
Expert:  Clare replied 19 days ago.

I do not know which of my colleagues you have spoken to I am afraid but it was not me

Would it be possible to see the final Order made in 1995?

Customer: replied 19 days ago.
let me reproduce the relevant portion not by consent:6.That the Respondent do pay to the Petitioner periodical payments @£780.00 per calendar month in advance commencing on 24th March 1995such payments to be made byBanker's standing order to the Petitioner's Nationwide Building Society Flex Account7. Save as aforesaid both parties' claims for maintenance pending suit, secured periodical payments, lump sum and property adjustment orders do stand dismissed and neither party shall be entitled to make any further application in relation tot marriage under the Matrimonial Causes Act 1973, Section 23(I) (a) or (b)8. Certificates for Counsel9. Liberty to apply as to implementation of this orderEndClearly 1-5 was all consnted, asset distribution
.I cannot understand why their counsel says "pension sharing" is alive. This terrifies me. How do I live with wife and a 14 year old?
Customer: replied 19 days ago.
I don't know name of the person who called. He simply said yes I can go to Court house ( didn't say which court), pay fees and buy a form and serve summons. Not greatly helpful
Expert:  Clare replied 19 days ago.

I suggest that you write back to her lawyers and point out that in 1995 it was not poissible to make any form of Pension Sharing Order and the legislation that introduced it was not retrospective.

The only matter before the court is the Variation of Maintenance and an exploration of the financial needs of each party

And no in fact you cannot in these circumstances summons your ex mother in law

Customer: replied 18 days ago.
That was such a comfort. I was disturbed by the solicitor claiming that pension issue is still alive. And yes I think the Judge should look at respective earnings ( she at £47000 after tax and me at £87000.00 assuming I start pension draw down. Most appalling is her effort to improve her standard of living tob£71000.00 which includes her grocery bill rising from £1350 to £6500 a year. Travesty.
Customer: replied 18 days ago.
By the way are you saying legislation now allows pension sharing? So they can claim it?
Expert:  Clare replied 18 days ago.

Yes ut does - but it does not apply to divorces started prior to 2000 - you are safe

Customer: replied 18 days ago.
Thank you so much. Wonder why they are chasing my pension now. So we will complete the exchange of asset valuation submit pension report, replies to Questionnaire by 21/10 and then just wait until Hearing date of 6 December?Tomorrow and tomorrow creeps in this perry pace from day to day to the last syllable of recorded time
Expert:  Clare replied 17 days ago.

Yes just go through the process - your case is shapeing nicely

Customer: replied 17 days ago.
Clare You have been wonderful and your words have been most comforting. Whatever happens I will remember your kindness.Which button I press for Bonus?

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