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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 34033
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Family law

Customer Question

family law
Submitted: 7 months ago.
Category: Law
Customer: replied 7 months ago.
HiI am now a LIP, as I had to ask my Solicitors to come off record, as I could no longer afford the fees.My questionnaire in response to my Wife's Form E is not in the appropriate format according to her Solicitor and as such they do not consider it formally as a questionnaire, so have not responded to it.I was told previously that there was no template for the Questionnaire, although I have now seen a questionnaire format style after I googled it.Can you advise, can a Solicitor dismiss my questionnaire because as they say:
"I have not yet received a document from you that could be considered as a questionnaire"This seems a stalling tactic to avoid answering significant financial queries.Thanks
Customer: replied 7 months ago.
Also, I have accepted the Divorce Petition from my Wife on the grounds of unreasonable behaviour, although I actually left my Wife because of continuing emotional abuse. From the outset, I reserved my rights in the matter, should there be any issues with financial disclosure. My Wife is hiding significant funds, there is an audit trail to evidence this fact.If I were to decide to change my stance and to now not comply/agree to the DP, how would I approach this, what mechanism/procedure would I undertake to declare that I intended to contest the petition and to counter sue.I am in possession of recent and quite serious information (witness statement) that my Wife caused me to become seriously ill while I was already recovering from a Cancer operation in hospital, by physically interfering with my surgical wound, as well as information of adultery on her part.If I were to not comply with the DP, and to declare this information regarding the physical harm she was observed carrying out to me, how would this be regarded by the Courts?
Expert:  Harris replied 7 months ago.

Hi, thank you for your question. Are you able to attach the document you sent to them which you say is your questionnaire? You can use the paperclip icon to attach on this page

Customer: replied 7 months ago.
Hi HarrisThese are the two 'questionnaires' sent to the claimants solicitors with a series of other documents.Regards
Expert:  Clare replied 7 months ago.

My name is ***** ***** I have been a solicitor for more than 35 years

If the Decree Nisi has already been granted then I am afraid that it is now too late to revisit the Divorce Petition

If it has NOT been granted then you can make an immediate applictaion for permission to defend it out of time and to Cross Petition.

You would have to file both the Answer to her Petition and your Petition at the same time.

This will involve a great deal if time and expense which may or may not be successful.

With regard to the two documents I am afraid that her solicitor are correct - it would take too long to pull out of these what are specific factual financial enquiries for missing documentation of explanations of factual matters contained in the documents already disclosed.

In addition some of the actual factual questions are about minor matters that the Court would not view as relevant.

However to be positive it will not take you long to sort the documents into a reasonable questionnaire that they cannot reject

This website gives a good guide

Please ask if you need further details

Expert:  Harris replied 7 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

Expert:  Clare replied 7 months ago.


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