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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 4160
Experience:  Barrister at law
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Assistant: How can I help? I am currently getting divorced,

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Hi
Assistant: Hello. How can I help?
Customer: I am currently getting divorced, it has come to my attention the name my ex wife to be wasnt the name she was legally using. How does this effect the marriage?
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: I am unable to locate her decree absolute, she refuses to answer questions. After we split in 2013 she started using a catalogue in my name runing up £5700 which i have had to pay as she was classed as a third party and it was civil not illegal. If the marriage is not valid where do i stand on that.
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I cant afford to hire a solicitor i have started divorce online am at the waiting period for decree absolute when this cane up. I am unable to see my daughter, apparentky im the biological dad her boyfriend is Daddy. I got a solicitor to gain access, my ex wife to be told police, social services & my solicitor im a peadaphile!! Yet again its not slander its civil.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: just sent a message

Hello, my name is Peter and I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

How can I assist, please?

Customer: replied 1 month ago.
Hello Peter.
I am currently going through a divorce, i file for the absolute in 2 weeks. Ive recently been told the name she used on our marriage certificate was not what she was officially known as at the time, she used her maiden name, but was officially known by her ex husbands name. We seperated in 2013. Its also been insinuated that her absolute from her marriage had not come through when we married. Where do i stand with this? I have asked her but she refuses to answer.
1 week after we seperated she used a catalogue in my name to purchase good totalling around £5000, she knew the law, she was a 3rd party. I spoke to a solicitor and the police who said it was a civil matter as we were married. That wasnt the only things she ran up. I only knew about caralogue when bailifs arrived.
If the marriage was illegal how would this matter work out? Could i try to get money back?
She has stopped me seeing my daughter, i have always paid maintenance, bought extras etc
but her new boyfriend told her to go to csa. With that she gets £300 a month without me seeing my daughter, i used to have her holidays every other w/e. She told me i was the biological father, her boyfriend was daddy. I used a solicitor to gain access she then told people i was a peadophile!! im certainly not. The police again said it was slander.
I would be grateful on any advice you can give me.
Thank you

David Duffy

OK.

1. As regards the name point - I wouldn't suggest you get too hung up on it. As long as her identity is clear and the court can identify who she is it can finalise the divorce.

2. The money is something you can raise as a part of a financial order application. The issue you may have is that when you are married, generally you are both responsible for the other's finances.

3. You may have to apply to the family court in this case for contact. If allegations are made against you you will have to defend them. But you seem to have no other option as regards getting to see your daughter.

Customer: replied 1 month ago.
Hi
Thanks for the reply. I cant afford to go through family court for access, as with her telling people i was a peadophile, it will be fully investigated by cafcas and could cost thousands and take years. Ss are aware and they believe me. Ill just have to get used to not being able to see my daughter, until she decides she wants to see me. All the while my ex to be is brain washing my daughter.
The name change and the strong possibility her decree absolute wasnt through when we got married. I wanted to know to see if i could claim the catalogue money back, she started on this catalogue after we seperated. I have paid all the bills whilst in this relationship. I stood as guarantor for her car, which i have ended having to pay for. Im a soft touch.
I just feel there is not enough help for the parent being pushed out.
Thank you
David Duffy

I don't think, if SS are already on side, that this would be such a horrific court experience as you imagine. And aside from the initial application fee (£215), family court does not cost as you can represent yourself. I don't think you should rule out a court application - if you are being pushed out you having nothing to lose by at least trying in my view.

If she has incurred a debt after you separated that you have been lumbered with, you should succeed in having this transferred to her as part of the divorce settlement and if you wanted to deal with it outside of the divorce it would be the subject of a small claim in the civil court.

I hope this clarifies the points?

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter

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