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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35088
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Following your answer to my first question regarding

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Following your answer to my first question regarding changing the locks on the jointly owned house, my son was refused access to the house following his evening contact with the children.
He did not continue the discussion on the front lawn but subsequently sent an email. In this he asked four questions:-
1. Why the arrangement was changed without prior discussion?
2. Why the locks had been changed?
3. The children had suggested that their conversations with Dad were being listened to. He hoped that this was not the case.
4. Asking for any mail to be forwarded.She did not answer any of the questions just said that all communication he was sending her is being sent to her solicitor and that his response would incur a charge.
He has suggested mediation, she says she does not need it!
His wife patitioned for divorce on the grounds of infidelity. He is liable for the legal charges. He did not counter this claim thinking it would be less traumatic for the children and a quicker resolution. However, there was ten years of physical and emotional abuse which let to the total breakdown of the marriage. Is he now able to counter the original petition and therefore not be liable for legal fees.

When did he send the Acknowledgement of service back?

Customer: replied 1 year ago.
Sorry not sure what that is.

When did he send the form back admitting the adultery?

Customer: replied 1 year ago.
May or June

Has the date of the Decree Nisi been set?

Customer: replied 1 year ago.
I have now spoken to my son and he has never admitted adulatory to anyone other than his wife. It is not on any form. He has received the first stage paperwork but as his wife is trying to claim some of his pension, there has been a delay in getting the details back to the court.

So he has received the Petition but done nothing with it - is that correct?

Customer: replied 1 year ago.
My son received the decree Nisi, in May and then spent time submitting his Fianacial Statement form. The statement regarding his pension takes 12 weeks. In the meantime my daughter in law and her solicitor have not replied to any communication regarding the process. In his Form E my son mentioned in an additional information section that he had been on the receiving end of both physical and emotional abuse. My son had talked to his wife early in the proceedings and discussed an amicable separation, and had not felt that airing personal details about their relationship, however now he fears that the court might deem him responsible for her solicitors fees making his contesting any decisions very expensive.My son has a copy of his wife's form E and does not know what the next step is.

Has a Financial application actually been made - is there a date for the court to look at the finances?

Customer: replied 1 year ago.
Both forms have been submitted to the wife's solicitors. He has a copy of hers. Pension details are slow in coming through?
How can a discussion of the mitigating circumstances be instigated? He was very gentle on his form as he felt they both wanted an early resolution. When is it possible for him to give his side of the case?
Customer: replied 1 year ago.
We would like a phone conversation but have his children here for the weekend so it will have to be on Monday.

Are you aware that the site charges more for phone calls?

Your son should arrange to attend a Mediation Information and Assessment Meeting with a mediator as soon as possible

The sooner he makes formal applications to the court the better

Customer: replied 1 year ago.
How does he apply to for this? Who does he apply to? Can he do it without using a solicitor?

If you mean mediation he can find a mediator here

If you mean the court application he can indeed do it himself the form is here

and the fee is £245

Clare and other Family Law Specialists are ready to help you