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F E Smith
F E Smith, Advocate
Category: Family Law
Satisfied Customers: 10856
Experience:  I have been practising for 30 years.
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My ex husband and I where married in England, we just

Customer Question

My ex husband and I where married in England , we just divorced and he refuses to give me my half of the money and just got remarried few days ago. Please help to recover my half
Submitted: 5 months ago.
Category: Family Law
Expert:  F E Smith replied 5 months ago.

Hello for clarification - how long were you married?

what is the money he's refusing to give you?

Customer: replied 5 months ago.
27 years
108000£
Customer: replied 5 months ago.
Sorry I can't talk on the phone because I've got pneumonia, and I can't stop coughing.
Expert:  F E Smith replied 5 months ago.

May I have the full background detail here please, including, 27 years of what?

If he won’t give you part of the house proceeds or any marital finances, then you are faced with applying to court for a financial order to compel him to give you that.

Customer: replied 5 months ago.
Married for 25 and a half years, separated and went back together. And one day out of the blue he said he wants a divorce and blackmail me that if I disagree he keeps everything and all my money he had transferred on his account.
I then had no money at all to take a solicitor and he payed for my rent food and bills. He also swear that I will get all my half when the divorce is completed. I haven't received any papers from the court and discovered last week that he has got remarried. He doesn't answer, my calls ,mails,messages and I have no money to carry on .Please help me !!!
Expert:  F E Smith replied 5 months ago.

You need to apply to court for a financial order. That is normally done as part of the divorce process but as you are now divorced, you will need to apply to court to make the application for the order after the time has expired.

As part of the process you have to start with mediation.

If he ignores all the correspondence and doesn’t attend mediation, the whole thing will end up in court.

If he continues to ignore correspondence, the court will make an order in his absence which is unlikely to be favourable for him.

As part of the order application process is required to disclose all his finances as indeed you are. You can also ask him to disclose those of his wife because although you have no claim on his wife’s assets as such, they do affect his needs the money in the future if for example she is wealthy.

If you have no experience of dealing with this, you might want to consult a solicitor

Customer: replied 5 months ago.
How much would that cost approximately please, and how long would that take ?
Customer: replied 5 months ago.
Please let me know how much would that cost and how long would it takes ???
Expert:  F E Smith replied 5 months ago.

The application fee is £255.Depending on court loading and response times, it’s not going to be quick and you would certainly be looking months if not over 12 months. It isnt quick.

Here is a little reading would do remember that you would have to apply to the court to apply of out of time because you are now divorced.

https://www.gov.uk/money-property-when-relationship-ends/apply-for-a-financial-order

If you have solicitors acting for you, depends on whether he argues becomes difficult, as to how much it’s going to cost you because you won’t necessarily recover all that money but the solicitor may look at the facts and decide to wait for payment so it’s worthwhile speaking to a solicitor in any event. There is no legal aid for this unfortunately.

Before you go (you can come back at any time), please don’t forget to use the rating service because that gives me credit. It doesn’t just give me a pat on the head! The thread remains open. We can still exchange emails.

Kind regards.

FES

Customer: replied 5 months ago.
Have I got right to financial helps as he has got everything?
Expert:  F E Smith replied 5 months ago.

I’m afraid that there is no legal aid for any divorce matters unless he has been violent towards you or there is any child abduction threat. This is no legal aid or any financial assistance for any money claim from him although you may get solicitors to deal with the no-win no fee if they feel is that there is a good chance of recovering something

Customer: replied 5 months ago.
Can you please send me the details of the best solicitors dealing with no win no fee.
Thanks again for your help.
Expert:  F E Smith replied 5 months ago.

There are some 50,000 solicitors in the country and I would not know any in your area. However you can search the Law Society website for both firms and individuals, based upon postcode and the areas of practice.

http://solicitors.lawsociety.org.uk/?Pro=True

you may have to ring quite a few and struggle to find one who will do no-win no fee for you.

Customer: replied 5 months ago.
Can you please send me the details of the best solicitors dealing with no win no fee.
Thanks again for your help.
Expert:  F E Smith replied 5 months ago.
There are some 50,000 solicitors in the country and I would not know any in your area. However you can search the Law Society website for both firms and individuals, based upon postcode and the areas of practice.http://solicitors.lawsociety.org.uk/?Pro=Trueyou may have to ring quite a few and struggle to find one who will do no-win no fee for you.