How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28301
Experience:  25 years experience of all aspects of family law
13262538
Type Your UK Family Law Question Here...
Clare is online now
A new question is answered every 9 seconds

I am involved in a protracted process of marriage breakdown.

Resolved Question:

I am involved in a protracted process of marriage breakdown. Divorce was initiated by my wife in June 2011 following almost two years of separation. Unreasonable behaviour was cited as grounds, uncontested by myself. A decree nisi was granted in Feb 2012. We are still not divorced. In the interim a profitable business was destroyed, both our children are hostile and estranged towards myself and we are bankrupt. I am now almost two years into a Mareva Injunction, again with no visible end in sight. My wife has refused point blank to debate or negotiate since the outset. Her solicitor and erstwhile friend went bust a year ago, and no longer acts on her behalf. She now very sporadically employs a young and inexperienced solicitor who seems at best out of his depth.

I need advice specifically re the following:

Just as I was about to run out of money, and as a final desperate act to finalise the divorce process initiated by my wife, I instructed a barrister to draw up a marital agreement to present to my wife's solicitor to bring the curtain down on 4 years of hell and allow us to go our separate ways. On a practical level, and given that I am now bankrupt, the marital agreement included a proposal to lift the Mareva Injunction, itself now futile given our respective bankruptcy. That was 5 months ago, my wife and her solicitor have ignored repeated requests to even at the very least enter into discussions to have the issue brought to a conclusion.

Even though I'm the respondent, is there any way I can circumvent what appears to be a ludicrous decision by my wife to thwart her own process and get the divorce finished?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first.
How far has the Financial Application actually reached within the Court process?
Claire
Customer: replied 1 year ago.
The whole finance issue was thrown out by the Master in the High Court, as we owed £7m against £3m in assets, also my wife earns £45k pa.
Expert:  Clare replied 1 year ago.
Hi
What did the Master say should happen next?
Claire
Customer: replied 1 year ago.
He didn't, anyway, the crux of my dilemma can be summed up as follows. Can I proceed with the divorce without cooperation from my wife and her counsel, given their unreasonable decision to obfuscate my attempts at resolution and conclusion? If not do I have any recourse to making a complaint to the Law Society of Northern Ireland re my wife's present solicitor's failure to acknowledge the meticulously prepared statement by a barrister with his prior consent to present same to his client and elicit a response, any response? Furthermore, given your obvious extensive experience in the sewer of adversarial divorce, why the f*** would you initiate a divorce process then at the last hurdle act dead?
Expert:  Clare replied 1 year ago.
Hi
Fair question - basically it has been as profitable as she wished and now she is just being spiteful - is one explanation - not that I know enough about the case to say of course!
Has the Master actually said that the Decree Absolute cannot be applied for until the financial issues are dealt with
Claire
Customer: replied 1 year ago.
No he did not say that.
Expert:  Clare replied 1 year ago.
Hi
Then your first step is to simply apply for the Decree Absolute as you are entitled to do given the time that has elapsed since the Decree Nisi.
If your ex objects on the ground that the financial agreement is not concluded then you can ask the Master to make an "Unless" order - as in unless the finances are resolved within 28 days - or brought to trial - the the Absolute will be made
I hope that this is of assistance - please ask if you need further information
Claire
Customer: replied 1 year ago.
Thanks Claire, finally before I accept your help - how do I do this. Do I just walk into the High Court in Belfast?
Expert:  Clare replied 1 year ago.
Hi
This link - at the bottom - tells you what you need to do
http://www.courtsni.gov.uk/en-GB/Services/Matrimonial/PractionerInfo/Pages/default.aspx
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28301
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Barrister

    Satisfied Customers:

    779
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    779
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/hartsol/2009-08-11_134750_s629545647_1406287_2616.jpg jusleen's Avatar

    jusleen

    Family Lawyer

    Satisfied Customers:

    609
    Qualified Family Solicitor practising family law since 1999. Member of resolution.
  • http://ww2.justanswer.com/uploads/griffintigger/2009-2-20_19450_jo1.jpg Joanne B's Avatar

    Joanne B

    Family Solicitor

    Satisfied Customers:

    405
    Qualified 1999 with over 12 years experience in Family Law.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    400
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Solicitor

    Satisfied Customers:

    302
    Woman solicitor, qualified in 1994, specialist in family law, accredited with Resolution
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    232
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    179
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)