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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Family Law
Satisfied Customers: 11884
Experience:  Dual qualified Solicitor and Attorney
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I left domestic abuse. I had legal aid for divorce but

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Hi. I left domestic abuse. I had legal aid for divorce but didn't cover financial split. I can't get legal aid for financial split. I will try to do it myself but the courts won't tell me which form to use. I tried looking it up and think it's form A but the 1st question insinuates that the order is to adjust an existing financial order and not apply to the courts for a financial split. He's already sold out family home and bought a new house
JA: Was the home purchased during the marriage?
Customer: Yes. We were married 15 years
JA: Were any marital funds used for the mortgage or property improvements?
Customer: I did childcare he worked. So it was money his family gifted him and his wages
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The divorce was over a year ago but I've been trying to get legal aid, he has dual citizenship but our son and I are English. Before I left him he'd taken us to USA for 3 years without visas. The divorce and custody was done in UK as was our marriage but when I left him he was in America, he has stayed there

Yes you need to complete form A: https://www.gov.uk/government/publications/form-a-notice-of-intention-to-proceed-with-an-application-for-a-financial-order

Send it to the nearest family court and that is the start of the process, the court will take it from there. I trust this assists

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Customer: replied 12 days ago.
Thank you. That's what I thought so I'm trying to complete it but the form starts with the question....the applicant intends to apply to the court for ....then I must tick either divorce dissolution nullity annulment or separation. It only gives financial choices under...the applicant intends to apply to vary ...a periodical payments order together with the financial provision etc. But vary seems to indicate I am looking to ament a financial order already in place. But there isn't one
Customer: replied 12 days ago.
I have to be careful they don't think I understand there is a financial order already in place because he is saying his parents already gave me some cash and that is agreed I'm in debt to them. I didn't agree to this but he will make out there's already been an agreement in place

So you tick the first box i.e. an application for financial provision then you tick the court has granted you a decree absolute. Then in the box below you tick the applicant intends to apply to court for on the left side and on the right you tick a periodical payments order and other financial provision. I trust this assists

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Customer: replied 12 days ago.
Thank you Mr Aldermartin, it makes sense now. I'm dyslexic so I sometimes misinterpret questions. This has helped. Thanks so much.

Happy to help take care

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