How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Peter Collins Your Own Question
Peter Collins
Peter Collins,
Category: Republic of Ireland Law
Satisfied Customers: 4762
Experience:  Barrister at Self Employed
101823876
Type Your Republic of Ireland Law Question Here...
Peter Collins is online now

I have a question in regards to financial separation which

This answer was rated:

Hi I have a question in regards ***** ***** separation which is going to be in a court as my ex claims she will not Attend family mediators as there she says she has evidence of violence. However I don’t know where she got this form?

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.

If she claims there has been violence in your relationship a mediator will sign a form to say that mediation is not appropriate and you apply to court for the court to decide the finances.

It won't cost any more to do this, in terms of court fees, but the process going through the court will take longer than if you had submitted an agreement following mediation.

Can I clarify anything for you?

Customer: replied 6 days ago.
So what happened is that she had filed to court for financial proceedings saying she refused medication as she has evidence of violence? Not I have no knowledge about that and so not sure what she is talking about as it’s stands I think she is just informing me of her intentions?

OK. If she has applied to court you will receive papers from the court in good time, don't worry.

 

Customer: replied 6 days ago.
Ok another question I have is surrounding divorce proceedings
Customer: replied 6 days ago.
I have only yesterday received this letter
Customer: replied 6 days ago.
It says that this been proved divorce grounds are based on my Unreasonable behaviour which is not true and originally my solicitor suggest to go Neutral accept divorce but disagree with reasons as they said if I was to challenge her reasons it would get expensive and time consuming and at the time I was hoping to get things moving quickly
Customer: replied 6 days ago.
So I don’t understand why this order is been worded in this way ?

OK. Can you confirm - did, when you filed the acknowledgement, state that you agreed to the divorce on the grounds stated?

I know you did not defend it, how did you indicate that you did not agree with the reasons, and what proof/ statement did you offer in refuting the unreasonable behaviour allegations?

Customer: replied 6 days ago.
I didn’t have a statement my solicitor has responded on that and said all I need to say is disagree and except it. But now I see that can’t be right way forward? Is there time to change it?
Customer: replied 6 days ago.
To is it necessary to change it i am worried this will have negative impact on child arrangements as well as financial proceedings as my wife is doing everything to make things as difficult as possible even if takes making statements with not evidence

OK. I don't think you need to worry. The legal reason for the divorce will not affect child arrangements or financial proceedings.

You have been asked to pay the costs of the petition (£550) because you effectively did not defend the 'fault' petition - which cited your behaviour as the reason for the marriage breakdown. But this is as far as this goes. The financial proceedings are separate. I hope this reassures you?

Customer: replied 4 days ago.
Ok i see. Lastly I’ve spoke to my solicitor who is obviously strongly advising to have solicitor dealing with my financial separation. As much as I understand the benefits and let’s stress I guess. Is really that difficult that I wouldn’t be able to handle this on my own. There will be no mediation stage as I’ve agree to non molestation order without facts of findings been made. Not sure if this will have any impact on financial separation.... what would your advise be?

Of course. Can you tell me what the assets you have between you are? If things are not complicated, you won't necessarily need a solicitor. Do you have pensions? Savings? Property? Children?

Customer: replied 4 days ago.
I don’t have pension but my wife/ex does she is a highly qualified teacher in special needs work for school as well as runs LTD company with her sister from our property. Teaching Dyslexic children.
Our property is worth about £875k total debts mortgage and others around let’s round it up £400k. No savings. Some valuable pieces in the house like furnitures and paintings and so on worth say £30k-£40k may be...
I am self employed and precisely had a workshop and partly worked form home. Now I am having to rent one.
We have one child between us 9y old and she has two from previous marriage aged 14 and 16
Customer: replied 4 days ago.
What I am looking for is an easy split 70% to 30% in her favour to save time and money in fighting and I think it’s enough for me to move on she still has to house two boys so I don’t want to make this hard.

OK. In this instance, if you had a solicitor draw up a proposal for a settlement, and write to your wife, seeking agreement, this would potentially save time and stress. But if your wife is not minded to agree to a reasonable proposal, then you will have to go before a judge in any event.

A lot of the financial side of things is form filling, then setting out your position in writing to go before the judge.

I would suggest you engage the solicitor to make an offer to settle the finances, but only this. Don't instruct them to go back and forth and keep writing letters, this will only cost more. If no settlement is reached, then you should be able to complete all of the court paperwork your self and then just employ a barrister directly for the court hearings. This is the most cost efficient way of dealing with this. I hope this helps.

Customer: replied 4 days ago.
Thank you so much it does help a lot. I think that is the way forward for me.

My pleasure.

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

Peter Collins and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 4 days ago.
Also can you my solicitor has offered a set price £4300 or so plus VAT and no extra costs. Would your suggestion still be cheaper?
Customer: replied 4 days ago.
I don’t know how much it costs to hire barrister for the hearing?
Customer: replied 4 days ago.
End just one scenario say that I was poorly organised and ended up in court what is the likelihood in that situation?

I suggest you try www.clerksroom.com for a quote for a barrister. If you end up in court on your own it's not disastrous. The judge still has to hear from you both before making a decision. The point I should make is that for a final hearing it may be beneficlal to have a lawyer with you, particularly for cross-examination.