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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 35058
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Resolved Question:

My wife & I separated in Dec 2009. She applied for and was granted her nisi in Feb 2011. Since then we've both been bankrupted and my business destroyed by a Mareva Injunction. No issues resolved. I haven't seen my children in 4 years. In March 2012 I had a marital agreement drawn up and presented to her solicitor basically stating there was nothing left to fight over, I'd given up after 3 years in family court and could we now sign the agreement agreeing to walk away and start our loves afresh. Once of the marital agreement stipulations was that the Mareva Injunction ( now being both bankrupt, all assets were gone and it's (Mareva) ex parte powers were redundant in light of this anyway be lifted).
My wife threw the agreement back at her brief, raising 2 objections, there was no provision for child support ( as her Mareva had accomplished ) and that she did not want the injunction lifted. It's now Jan '14 I'm in a new relationship and hoping to get married. My wife who initiated the divorce will NOT allow it to conclude to Absolute. What can I do to bring this frankly destructive and farcical situation to a close ie how do I get a judge, considering the lunatic behaviour of my wife to grant my divorce so I can re marry and move on with my life? Thank you - EPA1969.
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What assets do you each have now and how is the Injunction still effecting you?
Customer: replied 4 years ago.
Hi Clare, I have my house as relatives raised enough cash to satisfy the trustee in bankruptcy to accept what he thought was a reasonable figure of equity potentially realisable by its forced sale. It was bought after separation. The Injunction is a brick wall against creating any short of new financial profile. It also means I cannot acquire ANY asset or be jailed for contempt. I have no other assets as the trustee seized them all. My wife lives in a rented house, drives a car worth around 3-4k and earns 45k pay as a teacher. I work a fairly menial job, currently in the Rep of Ire earning
around 10k € pa. Thank you, Eamonn.
Expert:  Clare replied 4 years ago.
The obvious way forward is for you to apply to the court within the Divorce proceedings for the Financial Matters to be dealt with.
This will lock you into a court set timetable leading to a final order and will bring this to an end - very possibly on the terms that you wanted
This is done using a Form A available here
the fee is £340
I hope that this is of assistance - please ask if you need more details
Clare and 3 other Law Specialists are ready to help you