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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1386
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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If my ex-son in law decides to go to court to obtain a ruling

Customer Question

If my ex-son in law decides to go to court to obtain a ruling on household goods now that a decree nisi has been agreed but the absolute has not been ordained does he have to pay costs whatever happens?
Submitted: 2 years ago.
Category: Law
Expert:  ukfamilysolicitor replied 2 years ago.
Welcome to Just Answer
Please may I ask:
- It is your son's application for divorce or his wifes?
- if it is his wifes application - did she seek the divorce costs against your son? was an order made that your son should pay the costs?
- in respect of the household goods that you have referred too - have your son and his wife properly dealth with the issue of the matrimonial finances? have they agreed? are there any other matrimonial assets or pensions?
Kind Regards
Customer: replied 2 years ago.
My son in law petitioned for divorce but financial matters have not been settled particularly in relation to a credit card bill (in my daughter's name but on his behalf) and she has yet to try to obtain 50% of the pension
Customer: replied 2 years ago.
My daughter wants to apply for a share of his pension but this only amounts to £7,500 and is not sure how much it might cost for her to make a claim.
Expert:  ukfamilysolicitor replied 2 years ago.
Thank you for your responses and I note that it is your daughter and not your son.
In respect of the matrimonial finances - there is a set procedure to follow.
The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Your daughter and her husband would need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement. Everything is included in disclosure - all assets and all liabilities.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of them for the future, health needs etc. If your daughters earning capacity is less than her husbands and if any children were going to live with her then you should be seeking a bigger share - somewhere between 10 - 20%
You daughter should also consider asking for spousal maintenance - if her husbands is earning capacity is higher than hers.
You daughter should consider making a referral to a specialist mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service.
If agreement cannot be reached or her husband won't engage in providing full and frank disclosure then an application would need to be made to the court. You daughter can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then your daughter should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave her open for a future claim. Claims have been entertained by the courts decades after divorce / separation - so it is important that you deal with things properly.
A Solicitor can help you draft the Consent Order to protect your position for the future. This would cost around £300.
Legal Aid is only available for these types of matters if your daughter has suffered physical, emotional or financial abuse in the last 2 years from her husband. Let me know if this is the situation and I will provide you with further information in respect of obtaining evidence.
Kind Regards
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Customer: replied 2 years ago.
Divorce proceedings were started early in 2015 and mediation and disclosure took place although her busband was not forthcoming and declined further mediation after two visits. Decree nisi was granted on 1 June 2015 and he is now demanding she gives him certain household goods and maintains he does not owe any money to her, although she took out a credit card payment in order for him to fund purchasing a new vehicle for his business. One child of 13 lives with her and their son of 16 has gone to live with his father. Although HE petitioned for divorce, she suffered physical abuse prior and during the marriage. Legal aid is apparently not payable in cases of going to court for pension rights. Is this correct? approximation of court costs for going for pension rights??
Expert:  ukfamilysolicitor replied 2 years ago.
Thank you for your response.
Legal Aid would be available in respect of any matrimonial financial proceedings if your daughter could obtain domestic violence evidence.
DV is widely defined and does include emotional and financial abuse as well as physical abuse.
Your daughter should not give her ex any of the matrimonial assets until the situation is resolved. Your daughter can also include the debt in the matrimonial proceedings - if she can prove that it was matrimonial debt.
In is not correct that your daughter is not entitled to anything - she is entitled to make a claim in respect of the matrimonial finances and as mentioned previously - she should also consider a claim for spousal maintenance if he earns more than her.
In respect of DV evidence please see the link below and in particular the GP letter (this will be your daughters best route if she has not previously reported matters to the police and he has not been charged). Your daughter needs to explain to her GP what she has suffered and if the GP is satisfied that your daughter is suffering from a condition such as stress as a result of her ex's behaviour and he completes the letter - she should take the letter to Solicitor who deals with legal aid and matrimonial finances so that they can check her means.
Kind Regards
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Expert:  ukfamilysolicitor replied 2 years ago.
Please kindly remember to rate positively - your question will not close and I can answer your follow up questions for free