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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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GA-crb I put an appeal on 23rd December 2014 divorce financial settlem

Customer Question

I put an appeal on 23rd December 2014 divorce financial settlement, put a letter to divorce section objecting to Decree Absolute on 8/1/15 informing them of appeal application, and inconsistencies as well as fraudulent declaration of earning by my husband to child support, am not working due to loss of job due to illhealth. To this I got acknowledgment from the four sections in family cout: fru,cfc, t courtOrder,divorce section.
Today at 16.34 pm divorce section inform me Decree absolute was granted on 10th jam.2015 which is two days after my letter and a Saturday. And asking me to seek legal advise if it has been wrongly granted.
This happened with decree Nisi , hearing date as well was given to me by husband solicitor and when I got to court, court office after die check were and do not have it on record after enquiring everywhere so I wrote a letter detailing this which l got them to stamp and sent it to husband Solicitor plus telephone calls she didn't answer until five days later when she produced a court signed hearing date dated two days after my visit.
Please advise
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
Who issued the Petition and on what grounds?
How far have the financial negotiations reached?
Customer: replied 3 years ago.
My husband put in petition after years of refusing to separate finance.
We just been to final hearing which judgement was discussed between judge and husband solicitor and further revision by husband solicitor 10days later and accepted by judge.
I put in an appeal which I took to court myself and stamped and they explained to me that hearing would be scheduled between me and another judge and deciding judge.
I wrote to court four division by email reiterating objection to granting decree Absolute.
Even the judgement husband started implementing against even the order since December 21st 2014. against order to pay school fees to me he said he was going to carry on paying direct to school.
Expert:  Clare replied 3 years ago.

So the Petition was based on a five year separation.
There was a hearing regarding the Finances and the Judge handed down an Order - which you have appealed.
is that correct?
Customer: replied 3 years ago.
Expert:  Clare replied 3 years ago.

What ar eyour grounds the final order - what were you awarded?
Customer: replied 3 years ago.
I was awarded nothing...5p per annum
Despite eleven years as sole carer, selling two of my personal houses and paying school fees with £71,000.00 raised and accommodating kids while husband is earning 3times my salary
He is awarded £112,000.00 proceed from property he acquired from money paid to him from period of marriage. he is accommodating girlfriend and child after give years of purchase.
Note he lied About this accommodation until he was arrested by police neglect.
He gave child support wrong figure of his earning years claiming he earns £962 a week when he earns &2500 a week confirmed by his form E at court yet he still tenders amount CSA gave based on his false declaration even though I informed court CSA has excavated this.
I was awarded £1073 a month children which is amount based on his false declaration and just about amount child based on his earning.
No provision but left to live in council house as he lured me to move to London and moved kids school from Wales only to abandon us after I came off my carrier breach to move as he requested
FMH ordered to be sold and 35% still awarded to him leaving me to pay all dept I acquired looking after kids which wl leave me nothing.
In the £482,000.00 total pension not including state pension, I was awarded a sealed £200k though I did not include in appeal
In court proceeding, I was not allowed to present my case only told to present my case based on husband barrister line of questioning despite my objection that it was unfair and will prejudice my case
Upto hearing and still Husband refused to declare or answer questionier I gave him despite being asked to by judge at interim maintenance given him extra two weeks. He only confirmed purchase of his private house from matrimonial asset two days before hearing.
Yet I was asked to pay his solicitor fees as he claimed I wasted their time because my Gp did not confirm my prognosis, that I did not negotiate settlement before FDR even though he did not himselve nor did he answer all my questionier.
Infact solicitor I went with told judge he only started with me a week before but judge refused to allow me defend myself since I was self representing at period in question
My evidence in court including his self assessment year before final separation showing earnh of £116K and other factual evidence I presented at court his Barrister refused to be presented and said was irelivant. Yet he was claiming to be earning £4000 per month.
Judge also based on these lie in judgement based her judgement on a lot of non factual point based on this misunderstanding and timing, eg she stated that I was not working at time kids were put in private school when my husband only earn £4000 despite private investigation letter confirming he was doing extra work with agencies and his payslip from some of this agencies. She claims husband was always involved in deciding kids school yet husband told her he was not aware two junior kids were in private school and also that he was not in their life five years prior
Note he didn't pay or go to CSA till 2011 as I don't know his address yet he claims to be paying . Hence he only gave me £900 throughout period 2006-2011 when he is earning so much more
I lost my kid in 2012 yet no support. We were meant to buy house but he wanted it but refused to separate finance since 2003 confirming through his solicitor then 2008 their instruction was that due to my religious believe not allowing me to sue him that he will only separate finance when he issue divorce petition.
He never issued the petition till end of 2013.
My daughter has sleeping disorder narcolepsy yet no provision despite I have disability myself, Infact this was stated by husband solicitor that absence leading to loss of my job was because I was lazy and at court won't even let me explain my own health and saying because disability claim was in process at tribunal was her proof I am not disable. This disability is now out confirming my disability.
Judge wrote a judgement draft on 2nd dec2014, contacted husband solicitor on 5th dec. , on 10th dec. husband solicitor emailed me this draft and judgement .
I received this judgement on 11th dec from court posted 9thdecember
On the 12th December, husband solicitor emailed me a reversed judgement they wrote themselves and sent to judge which the judge cancelled some she objected to .
Note that this now include different recital including that both paties agree not to excavate to CSA which I did not aggree Infact I made it clear in court it's already excavated with CSA SAR's evidence of excavation .
It also said both parties agree not to go to marriage act which I didn't Infact at end of hearing judge said we both have 14days to appeal her decision
My right to buy confirmation that I can reapply also came this week of judgement with apologies and non response stating that they had stopped my entitlement because of my mortgage link in FMH. Note this delay which is not of my control is why I am asked to pay husband legal cost
Judge said kids are able to look after themselves so why can't I go back to my home in Wales especially if I am awarded nothing yet I am expected to look after kids.. Go and work as she consider my earning capacity to be £40k which was my salary scale at point I lost my job.... Due to incapacity/capability
Note that she had evidence from ESA assessment that I am not fit to work which also require Gp constant confirmation of no fit to work.
I was also not earning this in the period of work due to health of me and kids and reduction in hours
I lost morgage to buy new home in London and kids because husband refused to separate finance tied my asset down in FMH and was also considered as second buyer .. 25%deposit £80k required.
This lead to homelessness and kids yet hubby refused to separate
I also borrowed to pay deposit of £21k ie £41 k including interest FMH which judge decided husband was paying she concluded as she refused to look at my factual evidence and had non from husband but his word of mouth.
Infact so many including even breech and in content as he did not pay me interim order months and he pays in part whenever he liked
Presently, though judges order said to implement judgement after Absolute, he started implimenting 9days of judgment and event he refused to pay me school fees as ordered, he decided he will pay direct to school.
Since I wrote his Solicitor 6th Jan. 2015 referring them to this content to order and no Absolute I believe to cover they manipulate an Absolute order... First on decent they reply their decision to go against order, then I wrote of court including divorce that I object to Absolute n that appeal is on as well as no provision and kids and irregularity which I sent by email and this was acknowledged by the four sections of court, then I got a letter that Absolute is granted Two days after my objection was received.
Also note that this judge sat on a Saturday to Grant Absolute, what is the hurry.
Expert:  Clare replied 3 years ago.

How old are the children?
Expert:  Christine-cssm replied 3 years ago.
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