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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28669
Experience:  25 years experience of all aspects of family law
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I need a UK family lawyer to assist me

Customer Question

Attachment: 2013-06-13_143022_breakdown_of_costs_incurred_02-06-13.docx

I need a UK based family lawyer to assist me with a "separation agreement" issue relating to house and incurred costs. I need to know if I can make financial claims for ongoing costs that are not included in the agreement.

Submitted: 1 year ago.
Category: UK Family Law
Expert:  Fran-mod replied 1 year ago.
I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

Please let me know if you wish to continue waiting or if you would like for us to close your question.Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Cars, Finance, Law, to Home Improvement, and more.
Customer: replied 1 year ago.
Hi Fran. I will keep it on for a little longer. Could you emphasise that I am not expecting a high level of detail and investigation.... just a basic opinion as to whether I should take my matter further or is not worth pushing the case.
Thanks
Expert:  Fran-mod replied 1 year ago.
Certainly, Richard,

I'll be looking for a UK family law professional for you, and will pass your information along.
Expert:  Wendy-Mod replied 1 year ago.
Hello again,

We are still working with the professionals to find you the best possible match. I wanted to touch base to see if you still needed a professional’s assistance.

Please let me know if you would like to continue to wait or if you would like to cancel your question at this time. We sincerely XXXXX XXXXX the extended wait time.

Thank you,
Wendy
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
Was a formal Separation Agreement ever prepared and signed?
Claire
Customer: replied 1 year ago.
Hello Claire.

Yes there is a separation agreement in place.

Regards

Richard
Expert:  Clare replied 1 year ago.
Hi
When is the divorce likely to be?
Claire
Customer: replied 1 year ago.
Hi Claire.

Sorry I did not make it clear from the start, we have already been divorced since May 2012.
The claims I am making have no bearing on the separation agreement as they were not previously included.
To be more succinct in my question, can I make separate claims (small claims court or otherwise) in order to claw back money that I have contributed.

Regards
Richard
Expert:  Clare replied 1 year ago.
Hi
Just to check - was the agreement that you refer to turned into a Court Order?
Claire
Customer: replied 1 year ago.
Unfortunately, I was unable to "buy-out" my ex wife's share of the equity associated with the house and so the house was put on the market after three months (under the terms of the agreement) . I rejected a low offer on the house from a buyer and so my ex wife made a petition to the court that I had infringed the terms of the agreement. Meanwhile she is also trying to get the court to add school fees to the equity balance .. but I feel these are independent to the claim I am trying to make, but not sure if I have a valid case to make.

Expert:  Clare replied 1 year ago.
Hi
Is there an Order in place which was sealed by the Court?
Claire
Customer: replied 1 year ago.
Hello again and sorry for the delay getting back.

The only order outstanding from the court is the sale of the house to proceed under the newly agreed purchase offer. In addition, I am committed to transfer £7000 in lieu of school fees that I have not been able to pay over the past year. The judge has decreed that this balance will be taken out of the separation of equity once the house is sold.
These are the only directives from the court.
Would it help to see the original separation agreement?

Regards
Richard
Expert:  Clare replied 1 year ago.
Hi
I do not need to see the Original Agreement - but I do need the exact wording of the Order?
Claire
Customer: replied 1 year ago.
Hi Claire.

Sorry for the late reply, Details as follows:

Before District Judge Matthews at Oxford County Court, St Aldates Oxford ... on 3rd June 2013.

Upon hearing the petitioner in person
And upon hearing the respondent in person

Upon both parties confirming to the court that they each agree a sale price of £***** and such sale proceedings forthwith.

IT IS ORDERED THAT

1) Application adjourned generally with liberty to restore
2) Liberty to restore on 48 hours notice
3) If the respondent does not agree with petitioner's schedule in respect of outstanding school fees, the respondent do file and serve his counter schedule by 4pm on 10th June 2013.

END


Basically, I did not make any counter schedule as the judge made it perfectly clear that the requirement to pay is enforceable within the signed terms of the Separation Agreement ...so I really could not contest this.

I believe that my claims need to be addressed separately and once again the Judge made that perfectly clear at the hearing.... hence my original question to you about how to proceed outside the separation agreement

I must also add that my concerns about the contract were addressed many times but I was threatened by my ex-wife that failure to sign and accept the terms (which she drafted) would result in a court case and she would possibly obtain majority custody of the children and a greater share and full control of the matrimonial house. I could not afford to take legal advice and so felt pressurised to sign under duress.



Expert:  Clare replied 1 year ago.
Hi
Please confirm - when you say a Separation Agreement what you actually mean is a Financial Order which was sealed by the court?
Claire
Customer: replied 1 year ago.
HI Claire.

No it was defined as a "consent Order" and I think I used the wrong terminology by saying separation agreement.

The Consent order was sealed by the court .

I hope this helps?

Best regards

Richard
Expert:  Clare replied 1 year ago.
Hi
I feared as much
I am afraid that from the list that you have the only two amounts of of money that you may have a valid claim on is the Energy Certificate fee and the return of the Deposit monies.
All the other issues are covered by the Consent Order - except the Child Benefit which I am afraid she does NOT have to share with you however unfair that is I am sorry to say.
With regard to the two items you can make a claim in respect of this could be dealt with by way of the Small Claims court
However disappointing I hope that this is of assistance - but please ask if you need further details
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28669
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi again.

I more or less thought this might be the case and i suppose it all stems from the fact that my claims should have been included when the consent order was constructed and agreed upon...

It seems strange however that I cannot lay claim to accumulated equity reduction due to capital reduction.

Anyway, many thanks for your efforts and enduring patience

Best regards

Richard
Expert:  Clare replied 1 year ago.
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Clare
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25 years experience of all aspects of family law