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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 35563
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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SUBHASH SINGH - Family matters I am writing having been

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SUBHASH SINGH - Family matters

I am writing having been given your name as a referral.

I have many concerns generated by family events especially since Xmas 2015. I would like an initial consultation to check if it is worthwhile pursuing some financial issues. I need legal advice and under the Marriage Act on formal settlement arrangements, following my divorce in 1999 there was never a Financial Settlement Order made. In the light of what has happened to terminate our marriage, our relationship and civil partnership, and what my former partner has compounded against me since then, I now want enforce that Order today through the Courts.

I have lived for the past 10 years in Ringwood, Hampshire. I was married to my partner Louise XXXXXXX up to 1999, when we divorced for financial reasons due to major civil court proceedings i was contesting at the time. This led to my Bankruptcy in 2000. We remained living and together as a common law couple and were together for 29 years last January.We have two children, my daughter Lara (22) and my son Maximillian (19) . I also have a son from my first marriage Subhash (31).

Louise XXXXXX has been employed as Worldwide Cabin Crew for British Airways since 1988 and has been on a 50% contract since at least 1994 (22 years) She has a British Airways Pension.

With the family's blessing I left the UK last Aug15 to work in the UAE and retuned home on Dec15 in time for a family Xmas.

During my absence from home, my partner had an affair with a local man and I found out about this affair on Dec 25. In early January I returned to the UAE as I needed to keep my job going but the relationship was formally terminated by me in June 2016

FINANCES

I have paid for the vast majority of expenses since 1989 when I first started living with Louise. I would say that she contributed about 18% into the pot and was able to spend her BA salary on herself. We had separate accounts

I decided in Mar 2016 to end the relationship formally and I gave her notice that I would terminate the Tenancy of Twynham Farm our family home and that she could find another home and gave her notice in Mar 2016 to vacate by Jun 2016. I continued (whilst still in the UAE) to service the rent until Jun 2016. She has now acquired her own rental property and since repatriated to Nottingham.

She is still in possession of my personal belongings including a car.

I would like a free consultation to determine my options
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: no Ive just got a copy sent of the Decree Absolute from the Portsmouth Coury
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Fareham, Hampshire so Portsmouth Courts
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: no

Detail Required: HIGH

Customer: replied 2 months ago.
What I sent as a letter to my former partner..........08DEC17Without Prejudice
08th December 2017
Claim 1 - Subhash Singh Vs Louise Yvette Blackwell
I have taken legal advice and this letter is to inform you of the basis of my legal claim against you.
Under the formal settlement arrangements, following our formal Decree Nisi & Absolute was issued in the Portsmouth Family Proceedings, by your Solicitor, Peter Baulf, in Portsmouth in 1999, there was never a Financial Settlement Order made.
In the light of what you have done to terminate our marriage, our relationship and civil partnership, and what you have compounded against me since then, I am enforcing that Order today through the Courts. You have broken our contract.
Following this communication, a final opportunity for you to limit your legal costs and me to limit mine (What I save, I would much rather spend on our Son, Maximillian, to meet his University requirements).
I will seek a Court Order to enforce Disclosure. That is clearly defined as the next action and I reserve my rights to pursue.
(1)Your British Airways Pension
I am making a claim, for a percentage up to 100%, of your British Airways Pension (APS). I am asking for a formal current valuation to quantify the total of my claim.
(1)My Primary Claim is under the Matrimonial Causes Act (1973)
Our Decree Nisi & Absolute was issued in the Portsmouth Family Proceedings Courts, under your instruction, by your Solicitor, Peter Baulf, in Portsmouth, in 1999.
I intend to register a claim against your British Airways Pension (APS)
I should let you know that I have the legal recourse to back my claim and suggest that we limit costs. To start this process, I require the Attached Letter of Authority to be signed and scanned
back to me. You agree only to me finding out the Cash Equivalent Transfer Value (CETV) of your British Airways pension. If I have not heard back from you by Thursday 14th December I will take appropriate action.
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Customer: replied 2 months ago.
I sent a generic message out with relevant information. My question is simple....if the Decree Absolute was granted in 1999 and no Financial Settlement Order made am I entitled now to make a financial claim against my former partner? She has a BA Pension and has had more benefits since the relationship was terminated.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Oleksandra-Moderator

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

I am afraid that whilst you would still be able to make a financial claim if you have not remarried and there was no final order, the one thing you cannot make a claim for is a Pension Sharing Order.

Whilst you can ask for her Pension to be considered it would be the pension as valued in 1999 - not the pension benefits as they are now.

I am sorry that the news is not better - please ask if you need further details

Customer: replied 2 months ago.
Thanks for that answer. Although we divorced in 1999 it was purely done to protect my partner from a large litigation suite I was involved in. We remained in a civil relationship and cohabited until June 2016.Does this affect you answer?

No I am afraid that makes no difference whatsoever

Had you remarried of course that would have been different

Clare, Solicitor
Category: Law
Satisfied Customers: 35563
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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