Marilyn Stowe
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Toots
I think you probably do need to take your case back to court and ask the Court to make an order for further directions in relation to this sale. I cant advise you more specifically because I havent seen the original order. You also need to consider any losses you may have suffered as a result of a delay in the sale if it is demonstrably his fault. You do need to take detailed legal advice.
Marilyn
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Marilyn Stowe
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Dear Teresa
A solicitor cant fully advise a client about what she will receive until there has been full frank and honest disclosure of each party’s financial postion.The speed of a divorce does not affect the finances, except you need to consider whether to delay Decree Absolute in order not to lose automatic benefits to which you would be entitled in the event of your husband pre deceasing you prior to an order being in place.
From what you tell me I dont understand how you have been advised there is no maintenance claim if you are on benefits and he is earning £60k per annum? You seem to have a good claim for interim maintenance and longer term maintenance out of income and pension share.
My advice would be to request immediate mutual disclosure by each of you completing a Form E so that an appropriate settlement can be considered and in default making an application to the court. Housing and other capital requirements also have to be met in addition to dealing with your income requirements and pension sharing.
If you arent happy with the advice you have received, then you can always change your solicitor. It is important that you are comfortable with the process and vital that all your reasonable needs are carefully computed, and there is a full understanding of the entirety of your finances and that of your husband including any lump sum payments to which he may shortly become entitled. He must give disclosure of this too and your solicitor should enquire specifically about all retirement benefits.
Best wishes
Marilyn
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Louisa
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I have been given a final FDR hearing…..& now me ex is trying to get it postponed. Can he do this? I am representing myself now too! Thanks
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Marilyn Stowe
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Louisa
He has to have a very good reason, and you can certainly oppose it. You can tell the Judge what you think about this. The judge will decide.
Best wishes
Marilyn
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Jan
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Thank you for your reply Marilyn. We were married at the time the order was made. I did not have to declare my earnings as I showed that I paid half of all the household expenses. It is very upsetting to have to work full time to help support her part time work.
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