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Peter Collins
Peter Collins,
Category: Property Law
Satisfied Customers: 7212
Experience:  Barrister at Self Employed
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H Peter can she use the PTSD against me to get more

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H Peter can she use the PTSD against me to get more maintainence or a lump sum under the schedule one act? I do not really feel comfortable giving a lump sum as she may spend it on herself and not our daughter then keep coming back for more and I do not think it is fair that because I suffer from PTSD that I will be penalised if my earning are reduced. What is you opinion? Thanks.

Hello and thank you for the question.

I am currently reviewing something else but will revert back to you later today. Thanks for your patience.

Customer: replied 14 days ago.
Thank you Peter

Thanks for your patience.

I personally don't feel that you would be penalised because of your lack of earnings for a lump sum as a result of you being able to work less because of psychological trauma.

It would be a very unattractive application for your ex to make to the family court.

As I advised previously my view is that there should be enough in the existing assets to provide for accommodation needs, which makes a lump sum less relevant in any case.

You would obviously hope to be back on your feet and working to full capacity sooner rather than later - its not a conscious choice not to work to defraud the system - and as such your payments would increase as and when you are able to do so.

As I said I think an application along these grounds would be very unsavoury and not well received by a judge.

Again these are my views and offered by way of general advice - there is not a definitive answer on this point.

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

Customer: replied 14 days ago.
Thank you Peter however she is saying the lump sum payment will not be towards accommodation for her and our daughter it will be in the event that my earnings can vary just like any other self employed person and will be instead of me paying monthly maintainence as such if I pay her a lump sum I would not have to pay her maintainence on a monthly basis moving forward.
I am sorry if it takes a while to understand I do apologise.
Customer: replied 14 days ago.
She has just said to me that she is speaking to another solicitor that has been recommended to her who deals in law for unmarried couples and knows all about schedule one act and is an expert do you think she is just wanting me to back down and accept the schedule one claim?
She also has said that in law she has to be able to afford a property in the same village where she lives, is that the case as there are other villages/areas in the City we live that are cheaper and she is using that reason to apply for the schedule one act to get a bigger and better house.
Am I correct in thinking that my legal obligation is that the ex and our daughter have have a two bedroom property as such if this is the case she could almost buy a 2 bedroom apartment in the area we live in with a very small mortgage however she has said that is not fair on our daughter and as such that is where the schedule one act will work to get a bigger house for them.
With her salary etc she could potentially get a mortgage of between 80k and 90k to put towards the equity she has however she has said she wont be able to afford the mortgage payments and doesn't want the mortgage term to be over a long term to reduce the payments. In my opinion it appears she wants it all given to her on a plate
What is your view on the above Peter? Thanks again for your support and help.

I have received your response and will reply in the morning - thanks for your patience.

Good morning.

My view is that she has perhaps lost sense of reality.

If there is enough in the equity/ assets plus her mortgage capacity for her to afford somewhere suitable for her to live, then a schedule one claim on the basis of housing needs would fail. A claim on the basis of the fact she wants a bigger and better house than she can afford and doesn't feel like working to pay her own mortgage is not fair and should not be upheld by the court.

A capitalised maintenance claim on the basis that you are ill and your wages are fluctuating also discriminates against you.

Honestly it sounds like she is getting advise from a very aggressive lawyer that is perhaps exaggerating her chances of success.

If you do have any way to make reasonable maintenance payments despite not earning then this could be the compromise to avoid the lengthy and costly schedule 1 application process.

I hope that this assists.

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

Customer: replied 13 days ago.
Thank you. How much in legal fees would it cost her for the schedule one process?

It certainly could cost at last a few thousand pounds in fees.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

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