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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28302
Experience:  25 years experience of all aspects of family law
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Im desperate for advice as to what to do now. My husband has

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Im desperate for advice as to what to do now. My husband has not filed his Form E and my Soliciter (who seems to charge £100 for a 15 min conversation) has been vague about what will happen. We go to Court on the 15th July for the First Directions Appointment and I do not know if he will turn up. I have MS, am in a wheelchair and work part time. I am on a low income. We have 2 properties - no equity in the one he lives in and £140 k equity in the family home where I live with the 2 children age 5 and 10. He has walked out of 3 jobs and pays no CSA contributions. I tried to settle out of court but he threatened that if I was going to offer him 30k he would drag the divorce out for years. When we separated, due to his affair with the au pair (who he now lives with), I had to get an injunction because of his threats which he ended up signing. Due to this and the fact he lives 250 miles away mediation wasn't really an option. The family home mortgage is double the debt compared to the mortgage on the house he lives in and I pay 4 times as much as I can't remortgage on to a better deal due to my low income and 'HIS' bad credit since we separated. We secured a very good low interest deal for 13 year on the house he lives in. I'm at a complete loss as it doesn't look as if I will be able to pay off the mortgage in 13 years when my mortgage ends or give him any money on a mesha order. I can't afford to pay a Barrister to keep turning up at court if he doesn't attend. What can I do? Can I ask my Barrister to set out my case to the judge at the First Directions Appointment if he doesn't turn up so that the Judge can make a decision without my ex husband present?
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 much are the properties actually worth?
Why is a Barrister dealing with the first hearing for you?
Claire
Customer: replied 1 year ago.
The Leeds property which my husband lives in is worth 70 k and the mortgage is 72k - the London home is worth 290 k with a mortgage of 141 k. I was trying to accelerate the court process by turning the First Directions Appointment into a Court Hearing but this seems unlikely now as my husband has not filled in Form E or payed his Solicitor. So I don't need a barrister at the FDA? Can I go unattended to the FDA and just present my case as I explain below with evidence.What perplexes me is that I get no financial support from my husband for the children. The CSA say he is earning less than £5 per week. He didn't support his first child who is now a working adult and owed 22k to the CSA, which his ex wife waved (I have an old CSA letter demonstrating this). She got the family home and he didn't make any claim towards that in the divorce. The family home which I solely pay for is double the debt with 3 times as much interest, he's subsequently since separating been black listed and my income is too low so no bank will lend to me as Im disabled and my benefits are higher than my income. My home has been adapted and I couldn't rent anywhere for what I pay in mortgage repayments. However if the debt is not payed in 13 years - seems unlikely as I am on a Standard Variable Rate currently 4.60% interest only - me and the children will be homeless. Disabled adaptions are not cheap (between 50 and 100k) and I have an Occupational Health Report setting this out and a Drs letter explaining my MS and my prognosis with work capability being 2 to 5 years left. The Leeds property was secured for the next 13 years at 1.05% above the base rate interest only. So my husband is more likely to pay off the mortgage debt on the property he shares with his girlfriend, if he wants, than I am. He is well and a skilled tradesman but has chosen to leave 3 jobs in the last 2 years whilst I work and bring up the children on my own. It just all seems so wrong!
Expert:  Clare replied 1 year ago.
HI
Might I ask what settlement you are hoping for?
Claire
Customer: replied 1 year ago.
He keeps his house and endeavors to remove my name from the mortgage. I keep my house and relinquish spousal maintenance. I wouldn't even chase him for CSA but I don't think that's the courts remit.
Expert:  Clare replied 1 year ago.
Hi
That should be achievable.
I am afraid that it is unlikely that the First Appointment will be able to deal with anything other than an Order that the Form E is filed - or dealing with making sure that the gaps in his Form E are dealt with.
At the hearing the Judge can make an Order that the Form E is served by a certain date with a Penal Notice attached - meaning that if he does not then file the Form E you can apply to the court for an order that your ex is committed to prison
Alternatively if he has filed a Form E it is unlikely that it will contain all the information necessary and at the First appointment the Court will address this and make Orders as to the way forward.
I would have expected that the solicitor would have dealt with it him or herself
I hope that this is of assistance - please ask if you need further information
Claire
Customer: replied 1 year ago.
As the First Directions Appointment looks as if it is just going to deal with my husbands absent Form E will I have to pay for a second FDA appointment? Do I need representation at The FDA?
Expert:  Clare replied 1 year ago.
HI
It is up to you whether or not you have to be represented - and it depends if you feel that you understand what orders you have to ask the Judge to make
Claire
Customer: replied 1 year ago.
Thanks Claire - Do I need to pay for the second FDA if my husband has not filed his Form E?
Expert:  Clare replied 1 year ago.
HI
There will be a further FDA and I am afraid that you will have to attend - and if you have representation they will have to be paid.
However you may be able to ask for the costs of the extra hearing to be paid by your ex
Claire
Customer: replied 1 year ago.
If the Judge has to make a court order that my husband fills in an FDA can I ask for that the next FDA to be turned into a Court Hearing? Coud this be a court order aswell?
Expert:  Clare replied 1 year ago.
Hi
The next FDA will only be a hearing IF all the information is available and there is a real chance of settlement I am afraid
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 28302
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you

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