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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 12133
Experience:  I have been practising for 30 years.
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Can you help me with a bit of advice about being a

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Can you help me with a bit of advice about being a litigation friend for my mother who is in a Nursing Home and is going through a divorce to split the house
JA: What steps have you taken? Have you filed any papers in family court?
Customer: I have been to court on Monday , the judge has given me three things to do . One to get letter from her consultant, already had one fromGP to say she is to ill to go to court but that's not good enough because that doesn't mention her mental health. . Two , fill in a form E about her finances and get bank statements ( already have POA ) so that is not to bad , and fill in a form to become a litigation friend
JA: Have you talked to a lawyer about this yet?
Customer: My mother has had to get rid of hers because she does not have any money other than £1000 in the bank and 50 pounds in her current account . She has cancer and is expected to last 6 months to a year and the solicitors were charging her 3/400 a month because my step father was sending silly letters all the time
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not off top of my head

Good afternoon. I will assist with your question but need more info - also be aware this is an email service and therefore maybe delayed in replying.

is this so you can deal with the sale of the house?

what is your step father wasting money on re solicitors letters? who's money is he using?

Customer: replied 10 days ago.
It is to sort the finances but my mum only has what I already mentioned. He is using his own money , his family are financially well off and he is living at his mums house so doesn’t have any outgoings

What is the litigation in respect of? For you to act on her behalf in respect of the divorce finances?

What is the sticking point at present? I’m not certain what you are asking or you want to achieve. Thank you

Customer: replied 10 days ago.
What I am asking is with the form E do I have to file it at the court in person and also do I give the other parties solicitors a copy ? Or just the court ? If I do then should they give me a copy of their Form E ?
Secondly the statements I supply on behalf of my mother can they be redacted or do they have to be untouched?
Thanks

The general rule is that apart from routine correspondence, any evidential type paperwork is given to the other side and a copy for the court..

The same applies to Form E.

You should also get a copy of the other sides form.

If you are signing the statement of truth you can sign the statement “The respondent/petitioner believes that the contents of this Statement are true. I am duly authorised to sign this Statement. NAME. SIGNATURE. Litigation friend DATE

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

Customer: replied 10 days ago.
That’s great about the Form E , but can the statements be redacted as to what the money was spent on , etc
and neither me or my mother know if there Divorce is final ? I presumed they were but on Monday is solicitor said they were not . Is it in his advantage for him to drag his feet ?although he was the one who started proceedings
Thanks

No harm in qualifying what was spent on what. Might need to be different sheet of paper.

There is no advantage in him dragging it on or not. Makes no difference one way or the other.

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