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plclegal, Barrister
Category: Law
Satisfied Customers: 8020
Experience:  Barrister at law
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I need to speak to an experienced divorce lawyer please,

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I need to speak to an experienced divorce lawyer please
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Yes. I need a different view on something I have submitted my settlement offer so well down the line.
JA: 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: I have a very good solicitor but I just need a different view to understand something
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Very complex divorce with multiple assets. I left due to his repeated infidelity plus corrosive control. We had been married for nearly 29 years. Two young adult children who are still at university
Hello and thank you for the question. My name is ***** ***** I’ll do my best to help. Please bear in mind this is an email service rather than live chat, so replies will not be instant.
Also bear in mind that we can offer general advice only, and by seeking advice here this does not establish a lawyer-client relationship.
Thanks for you understanding.
How can I help today?
Customer: replied 8 days ago.
I filed for divorce last September. Along with my solicitor I engaged a barrister to assist with the division of assets. My settlement offer was sent early April.
When the Form E was originally completed, my husband did not complete this truthfully. I had statements to support this and during the process, he had to declare these statements.
We have asked for his response to my offer but he refuses to do anything until I produce my statements for him although I have a truthful account at the time of my Form E as I knew I had to!
My first question is can he demand my statements? He keeps stating (through his solicitor) that he will not entertain the settlement until our pensions arbitrator has responded and I have declared my statements.

You would normally agree to exchange all documentation under terms of mutual exchange.

It would be usual for both sides to produce supporting evidence alongside the Form E if you are going to reach settlement out of court, as these would be provided for the court file for a hearing and as such solicitors will need to complete due diligence before signing off on a settlement offer.

So you should both be providing copies to each other of supporting statements for everything in the form E.

I hope that this clarifies?

Customer: replied 8 days ago.
He we have already but this is several months on now and he wants to see my statements.
So is this still something that he can do? I suspect that he asking for them to form an opinion of how little he will give me in spousal support. He has told my son that I'm not getting a penny. When I ask my solicitor, I hear what she says in that I will but as he threatened me last summer many times about just this point, I am frightened and I really need to know how successful he can be?

The reality is that full and frank disclosures expected by the court, and if you are claiming for maintenance then this is something that will need to be supported by recent bank statements.

If you are trying to agree a settlement, then his threats are perhaps empty threats, given that I assume maintenance is part of your settlement proposal.

Maintenance claims are based on a) his assets and income and b) your capital needs. The numbers don't lie! So if your solicitor is confident that you will be awarded maintenance, then trust in their judgment.

Customer: replied 8 days ago.
Thank you. That's reassuring. My maintenance is part of my proposal.Can a situation occur where he can refuse to pay? I have no income whereas he earns around £50k per month. Most of that is from his private medico-legal practice (he is a surgeon). Could he somehow argue that I cannot have access to any of it?
I am desperately trying to work out a strategy that avoids court but he seems to be driving me to court and I can't work out why?
You aren’t going to agree to a proposal where he pays you nothing, and I share your solicitor’s view that the court won’t agree to this either. If it’s part of a court order, and he then refuses to pay, you can apply to enforce (which is actually straightforward and cheap as the application fee is only £50 if you act in person).
He will most likely agree a proposal at the last minute. It’s likely he’s stringing it out to try and pressure you into accepting less than you are entitled to. Stick to your guns and keep in touch with your solicitor.
Customer: replied 8 days ago.
in your opinion and with your experience, do you think I should cut to the chase and start proceedings or continue to appeal to his better nature when at least he won't blame me for starting the proceedings! He loves to cast blame....
I think this is a conversation for you and your solicitor. It’s normally much quicker to try and resolve through negotiation, but if he’s not going to do this in good faith then absolutely, make the application.
Also bear in mind you can always agree a settlement at any point even after proceedings have been started.
Customer: replied 8 days ago.
Thank you. You have been very helpful.

My pleasure.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter

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