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Clare, Solicitor
Category: Law
Satisfied Customers: 35574
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I filed a divorce petition that my wife defended. Six months

Customer Question

I filed a divorce petition that my wife defended. Six months later she then applied for Form A and Form E financial remedies whilst still disputing the marriage had broken down.The first appointment hearing did not go well for me and my barrister agreed to things that I had not agreed to.A date for the FDR has been set for 3 months time. Is there anything I can do in the meantime to amend the questionnaire that my wife has agreed to provide?She has now filed a cross petition that is not an accurate reflection of our situation. Is there anything I can do about that?
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months ago.

My name is ***** ***** I shall do my best to help you.

What amendments do you wish to make to the Questionnaire?

What grounds have you each used in your Petition and Cross-Petitions

Customer: replied 10 months ago.
I would like her to declare her assets originally referred to in my original questionnaire request. She has approx £20,000 in jewelry and an additional piece of artwork she did not declare and I did not remember. The jewelry came mainly during the marriage.
My barrister did not want to request it as he did not believe it was relevant and “would cost me extra time and therefore expense.” I have the notes made by the paralegal from the court day.
The two barristers agreed the questions between them. It took two hours of my barrister asking me questions. During this time he continued to ask if I understood what he was saying. About 3/4 way through I said that I had lost the ability to comprehend what he was explaining. I have Hashimoto’s autoimmunity disease and when under stress my body increases testosterone and cortisol and I lose cognitive functioning.
I said at that stage he would need to choose what to do ask I no longer had capacity to understand. In my view he did not do very well for me. I add this in case it has baring.
I also do not wish to give my wife a copy of my passport. The other side have acted without ethics and I suspect they wish my passport for other than salubrious purposes as I travel a lot. Thank you Clare
Customer: replied 10 months ago.
Sorry I forgot the grounds. My grounds were unreasonable behavior, sexually controlling, ill will towards my family, not contributing to household chores, there was another but I do not have it to hand.
Her is an ascinine cross petition that said I left without warning or context 16 months ago, I returned only for a couples therapy session to say I wanted a divorce and that we have not spoken since. There was a trial separation of one month agreed with our therapist when I left in December 2016, another month agreed to in a session in January 2017 and then finally I requested a divorce in March 2017. My wife knew my reasons for leaving and they are documented in email. Thanks Clare.
Expert:  Clare replied 10 months ago.

Do you wish to have the expense and difficulty of defending her Cross-Petition?

What is the overall value of the matrimonial assets?

Customer: replied 10 months ago.
I have a flat that is in discretionary trust for my brother and I. I left the property when I was ill and my wife remained.
Whilst contesting the divorce she ask for a financial remedy for it to be transferred to her. It is worth £1 million and is the likely the only asset I will gain benefit from in my life time from my parents who put it in trust.
It appears my wife wants it transferred to her before receiving her inheritance from her aunts. Her father who is elderly will also leave her 50% of his £4 million and her mother who is 69 will leave her 50% of her £5 million estate.
I’d like to keep the flat where I lived before our marriage in the trust and not have it transferred to my wife or even 50% of it.
When questioned about her inheritance prospects from her long deceased aunts my wife’s solicitors stated that the solicitors dealing with it are in holiday and she’ll get them to send a letter. No letter has been received.
I don’t have much money to defend this but I wish to rather than give it all to my wife.
Expert:  Clare replied 10 months ago.

What other assets are there?

Customer: replied 10 months ago.
163;50,000 in chattels currently in the possession of my wife. Some artwork and she has jewellery.
Expert:  Clare replied 10 months ago.

What grounds have they given for needing your passport?

Would you be willing for the divorce to go ahead on the basis of you each divorcing the other?

Customer: replied 10 months ago.
There were no grounds for the passport requirement. Since I have been without a home the past year I have stayed with friend in the us and the UK. I will travel again and I suspect they wish to cause me travel difficulties. Is there a way I can ask the court not not have to give them my passport as I believe they want it for nefarious purposes? There is no good apparent reason they need it.
Expert:  Clare replied 10 months ago.

What is the exact wording of that question?

Customer: replied 10 months ago.
Is there any way to object to giving them things in the questionnaire that I’ve agreed to at the first Directions?
Expert:  Clare replied 10 months ago.

It potentially possible although rarely wise.

For the most part, it is always better to answer questions however pointless as it shows the court that you do not wish to hide anything and that it is the other side that is unreasonable.

I have reservations about your passport but without seeing the question it is hard to comment fully.

With regard to her extra assets, these can be brought up at a later date - on the witness stand if need be, although jewellery given as gifts within a marriage is often ignored as being capital assets.

Her inheritance is of importance as it is relevant to her ability to meet her own housing needs - you are not likely to be entitled to a share of it I am afraid

I hope that this is of assistance - please ask if you need further details

The cheapest way of dealing with the divorce is for matters to go ahead on the basis of the cross-petitions - with each of you divorcing the other.