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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34510
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am going through a divorce and it's at the final stage. I

Resolved Question:

I am going through a divorce and it's at the final stage. I have done mediation for the finances, but it has not been passed.The reason is .... the respondent (me) is a litigant in person. She must confirm she has taken/been advised to take independent legal advice on the proposed order and it's effect.I do not understand what this mean please can you advise
Submitted: 14 days ago.
Category: Law
Customer: replied 14 days ago.
The finance was settle as my ex husband having the house and the children live with him. I get 45% of the equity from the house. His pensions he keeps.
Expert:  Clare replied 14 days ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you.

The Judge is not happy that the proposed settlement is entirely fair and wishes to be certain that you have either had legal advice - or been told that you should take it.

All you need to do is write to the court and say that you have been told to take independent legal advice but have chosen not to take it

I hope that this is of assistance - please ask if you need further details

Customer: replied 14 days ago.
Would you like me to attached the paperwork of the divorce so you can see what was proposed
Expert:  Clare replied 14 days ago.

If you wish

Customer: replied 14 days ago.
Ok I have attached them
Expert:  Clare replied 14 days ago.

Why did you accept this agreement?

Customer: replied 14 days ago.
Originally he offer me 30,000. I took the offervto the citizen advice and they suggested mediation. As you can see from what I earn I could afford a solicitor and I know you don't get legal aid with a divorce. When I told him in mediation I wanted 50/50 and that I am prepared to wait until our youngest 18 even though his new partner who owns her own home is living in the house. He nearly cried and said he would have to sell the house and couldn't believe I wanted 50 %. I got married at 18 had 4 children with by the age of 26, I was told on many occasions by him it his house he pays for it and what do I actually do because I'm just cleaner. So over the years it finally broke me and I walked away. I tried to get a place on council or private rent but I couldn't as I was on a mortgage so technically I have a home. I had no other option than to move in with aunty. So accepted it because I didn't want it to affect my children.
Customer: replied 14 days ago.
I said I would wait for the money when our youngest turns 18 he is nearly 13.
Customer: replied 14 days ago.
I don't want it to get messy and affect my children any more than it already had. The children are Skye she is 20 living at home and works full time. Bradley he is 19 living at home and is doing a fuĺl time apprenticeship. Amber she is 17 she has moved out and is doing a full time apprenticeship. Ben is 12 living at home and still at school. I arrange with the older 3 when I see them as it's very difficult getting the all together with them all working different hours. Ben I have every other weekend and a couple of night during the week. During school holidays I try and have him as much as I can and take him back the weekend I'm not meant to have him or when he has made arrangements with his friends. I pay for bens school uniform and dinner money and hair cut most of the time. I also pay for his mobile phone bill.
Customer: replied 14 days ago.
Sorry I feel like I have just thrown everything at you.
Expert:  Clare replied 14 days ago.

That's ok.

Are you living with a new partner?

Customer: replied 14 days ago.
I wasn't until about a month ago. I pay £300 a month to him to go towards bills.
Expert:  Clare replied 14 days ago.

The judge rejected this agreement because it is inherently unfair.

Why do you not force the sale of the house so that you can get a new house that your children could stay in with you as well?

Customer: replied 14 days ago.
I asked to sell the house at the start of the divorce and he has always refused. The children wanted to stay there too so I have always tried to keep it easy for the them. I have my kids whenever I want at my partners and my youngest has his own room there and can move in whenever he wants to but because he doesn't want to change schools he hasn't
Expert:  Clare replied 13 days ago.

Two of your children are adults and one has moved out.

It is unreasonable for you not to receive your full share of the equity now that he has moved his new partner in - and you can in fact force a sale if you wish

You should also receive a Pension Sharing Order receiving between 30 and 40% of his pension pot.

If you wish to give this up then write to the court and say that you do not wish to take legal advice

Clare and other Law Specialists are ready to help you