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Hi, my husband changed the locks of our jointly owned home and he was ordered to give me a key a fortnight ago. He has not done so yet and I wrote to the court manger to say that I think he is in breach of the court order. What actions can I take to get the key and for him to comply. Any advice would be grratefully received. Paraya by paraya |
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You should issue an application for your husband to be found to be in contempt of court. It is called a Notice to Show Cause. You will probably have to support it with a sworn statement exhibiting the order of which he is in breach. You may be able to do this yourself but I recommend you get a solicitor to help you. |
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I want to revoke the maintenance pending suit as my husband lied his way out of it some months ago. Now he insists that I apply for the decree absolute. How easy woluld it be to revoke it as I have no legal support. I represnt myself. Thank you for your help. I have evidence to support that he has undeclared cash assets. by Paraya |
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You should now apply for periodical payments by issuing a claim for Ancilliary Relief by issuing form A specifically seeking maintenance pending suit/periodical payments. When the Directions are issued by the court you should get a fairly early appointment where you can bring your husband’s lies to the notice of the court. You will each have to complete form E and you can mention his previous behaviour in the appropriate section, this will stand you in good stead when the capital questions come to be addressed. You really ought to get help from a solicitor as the process isn’t entirely straightforward and you are bound to find it difficult representing yourself. Heather Mills is wrong when she advises people to be litigants in person, it certainly rebounded against her where a solicitor or counsel could have done better for her than she did. |
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my 1st child interim hearing went badly. my soon to be ex husband has visited our two children 5 times in 7 months. he pays us no money and i had to travel to an island to go to court. he has told the court he is living on a scottish island but has been in sheffield since september. my son has learning difficulties and my husband was never very tolerant of his behaviour. but the sheriff has said he can come and take the children away without my involvement at all. my son left to go to a neighbouts the last twice my husband visited and my daughter became extremely upset when i tried to leave for 5 mins to get a paper and did not want to be left alone with her father. The sheriff the court clerk and my husbands lawyer all know each other and were chattting socially at the hearing. i there nothing i can do to get the court to listen to the fact my son has had therapists and phsycologists since he was two and that the courts and his father should take this into account for my sons benefit. the children are 4 and 5. by audrey stokes |
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I am afraid that your problem has to be dealt with under Scottish Law so you need a Scottish solicitor to answer this. If the case were dealt with in an English court you could ask for a CAFCASS (family welfare officer) to make a report, there should be a similar facility in Scotland |
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my 1st child interim hearing went badly. my soon to be ex husband has visited our two children 5 times in 7 months. he pays us no money and i had to travel to an island to go to court. he has told the court he is living on a scottish island but has been in sheffield since september. my son has learning difficulties and my husband was never very tolerant of his behaviour. but the sheriff has said he can come and take the children away without my involvement at all. my son left to go to a neighbouts the last twice my husband visited and my daughter became extremely upset when i tried to leave for 5 mins to get a paper and did not want to be left alone with her father. The sheriff the court clerk and my husbands lawyer all know each other and were chattting socially at the hearing. i there nothing i can do to get the court to listen to the fact my son has had therapists and phsycologists since he was two and that the courts and his father should take this into account for my sons benefit. the children are 4 and 5. by audrey stokes |
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Please consult a Scottish solicitor. Do show all the evidence you have about your son's condition to the court and ask for a welfare report. |
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My mother passed away 6 weeks ago. She left a will naming myself her eldest child, and my youngest sister as joint executors. We number 9 children.\r\nMy youngest brother lived with my mother and has done all his life. He is now 45. He shared a home with my mother.\r\nOver the years he did many bad things, i.e. he stole money from her.\r\nHe had made his peace with my mother and she had forgiven him and wanted the rest of the family to do so. Many of us had. There are 9 children. \r\nMy brother moved out of the house upon my Mother’s death and in so doing took some items which belonged to her, sentimental items, nothing of value.\r\nMy question is, my sister has now changed the locks on the house, thereby locking us all out, but as joint executor I am entitled to a key to the property. She did this without my knowledge nor without speaking to me before taking such drastic action.\r\nShe is refusing to give me a key. The solicitor dealing with the probate has told her that I am entitled to a key and that she should give me one.\r\nShe is still refusing.\r\nMy brother had said that he would return all the items that were in contention and give his key to me. The garage had been padlocked and another brother held the key to the lock. He had agreed to unlock the garage in order that we could leave the items in the garage.\r\nHe did not do this and when we arrived the garage was still padlocked. We waited for 2 hrs but he didn’t turn up and wouldn’t answer calls. \r\nWhat rights do I have. I will be grateful for any advice you can offer. by Pauline Glavin |
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As executor you are entitle to force an entry and then put on your own locks |
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My husband has applied for the decree absolute and seeks the costs to be paid by me as I have delayed applying for it as I still have unresolved issues. During a visit to the house he physically attacked me from behind and kicked me several times. I called the police and he was arrested. I had to attend the local A&E department and very fortunately there were no broken bones, just massive bruises. Could I ask the court to postponed the hearing for the decree absolute, pending the outcome of this recent incident? Due to financial restraints I represent myself.\r\n\r\nThank you for your help. \r\n by Balla |
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I am sorry to hear about the attack on you but I'm afraid that trying to get the pronouncement of the Decree Absolute because of the assault will be likely to fail, on the facts you give me you would be likely to have to explain why you have not applied yourself and the assault would not be regarded by the court as a good reason.\r\nIt is proibably better for you to apply for the DA yourself unless there are financial issues which mean that if the DA is granted you will be financially disadvantaged and you should get legal advice on that point. |
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Hi my question is not relating to family law as i could not find a relevant section for my question. I have recently been refused entry from a local pub that i have been going to for numerouse years. The pub has been taking over my new managment. On boxing day i was involved in an incident regarding a member of staff who was not working but drinking that nite. I was verbally abused and i was spat in the face by the bar maid who was very drunk. I reported the incident to the police and she was warned , now the publican has refused to allow me entry , I feel i have done nothing wrong and fing this quite embarrasing. I am a student social worker and have never been part of any trouble at all and feeel to be refused entry because i reported a crime is very unfair, to make matters worse the bar maids daughter is having a relationship with the publican so i have no chance of gaining entry to my local public house. Can i do anthing about this or does the publican have the right ? Can i report the complaint i hold to anyone? by helena |
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I am afraid a publican has the right to ban anyone from his/her licenced premises. While I sympathise with you the publican has to prevent problems arising on the premises and even if the original incident was not your fault the ban is valid. If he/she is a brewery tenant you could approach the landlord but I don’t think it would get you anywhere. |
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my parter wants me to move into his house and cohabit but does not want to get married. We are both divorced, the house is in his name but we were going to take out a home imporvement loan in joint names and possibly change the names on the mortgage. Do I have any legal right to recover the money I will be putting into the house or any rights to recover my expenses if the relationship breaks down? He says his wife has signed away rights to his pension, do I have rights to this if a. e are still together when we are 60? We are both 48 and have children to previous relationship but not together, where do our children stand in this do they all have an equal share of the equity if we die or is it just his son that is entitled? by shirley jones |
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If the house is transferred into joint names without any qualification it will become jointly owned and on the death of one of you the other will get the deceased partners share (this is called a joint tenancy) but you can and probably should arrange for your respective shares to be defined in the transfer document by holding the property in unequal shares as tenants in common, that would define your share and enable you to leave your share to your children by will. If you don’t define the shares they will be equal and in the event of one of you dying the deceased partners share will pass automatically to the survivor. You should see the solicitor dealing with transferring the property into joint names and get advice, if your input is to be reflected in the way the property is held the solicitor must be told. I recommend the property being held as tenants in common in unequal shares as being the fairest all round and if you decide to change it at a later date you can do so. Your respective children will take a share in the dead parent’s share. You should both make wills if you don’t do so each person’s children will share equally. You may accrue a share of his pension under the Provision for Families and Dependants Act 1975 after you have been living together if you are a dependant at the time of his death but it’s better for him to nominate you as his dependant with the pension scheme trustees. |
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Is it possible for a solicitor to continure representing a person if they have evidence supporting him to be a liar? Thank you. by paraya |
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A solicitor will often represent a person who's version of events is challenged by the opponent. If the solicitor receives evidence that conflicts with his/her clients instructions he/she must put it to the client but if the instructions are to continue to act there is no problem. The final arbiter as to whether a person is a liar is the judge not the solicitor. |
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hi, i left my husband late 2003 and he then started divorce proceedings which i was fine with! it got as far as the decree nisi in 2004 and no further! we have never got bac together and i want to remarry! i cant find the decree nisi and jus wondered what wud be next to do and what fees to expect to pay. And the quickest way to get the absolute? by hayley |
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Contact the court where the proceedings took place quote the court number and they can tell you when the Decree Nisi was made and send you a copy. You can then apply to the court yourself to get the decree absolute using form M8 which you can get from the court but will have to file a sworn statement as to the reason for the delay and confirming you didn't get back together. It will probably be best for you to get a solicitor to help you but if you have the decree nisi this will shorten the process and keep the costs down. The fee for the application is £40 and the cost of the copy decree will probably be £1. |
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mY WIFE WAS INDIFINITE VISA HOLDER TILL 1994 , SOON AFTER MARRIAGE WHEN SHE VISITED UK IN 1994 THE IMMIGRATIN AT AIRPORT CANCELL THE INDIFINITE VISA AND ISSUED HER VISIT VISA.HER WHOLE FAMILY PARENTS AND BROTHERS ARE BRITISH NATIONALS AND RESIDENTS HERE. SHE VISITED UK IN 1994 1996 1998 AND 2000 ON VISIT VISA.\r\nI WOULD LIKE TO KNOW THAT IS THERE ANY LAW THAT SHE CAN APPLY FOR RESIDENT VISA FOR UK ON HER PARENTS GROUND.for her husband and children.\r\nAWAITING YOUR PROMPT RESPONSE\r\nmURTAZA\r\n by murtaza |
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I am sorry, I am not an expert in this field, you will have to consult a specialist. |
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Is it correct that the CSA can take 60% of a person wages for a xwife word that a man was not keeping his children at the time before they were taken into care because of the mothers negelect. It was there grandparrents that was cleaning them because they were thilthly dirty when they came to them they would cloth them and feeding them with the help of there farther. she was so badly treating them that they were taken into care and are still there today and are doing well. by F rank Bunker |
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No it is not correct, I think the maximum which can be taken is 25% |
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i obtained a loan for an ex and now she is not paying, where do i stand on this by june thomson |
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You are liable to the lender but the x is liable to you to repay you |
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My mother's will at present leaves the house jointly between me and my brother. My mother would like us to move in with her to care for her. What lare the egal implications of this and how do we go about getting my mother to sign the house over to me now and then I pay my brother half of the proceeds. by Caroline Richards |
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There are no legal implications to just moving in to care for her. I'm afraid a lot of litigation arises out of circumstances such as yours, where a grateful parent changes her will only to find there's allegations that she has come under pressure to do so either during her lifetime or most often after she dies. If she wants to change her will that must come from her and the solicitor dealing with that must be someone completely neutral who is told the position and can ensure that the change is voluntary. If she transfers the house to you this again could cause problems if your brother is not in on the plan and agrees to it and she should be advised by a seperate solicitor. The best thing is to have a signed agreement between you your mother and your brother before any transfer takes place so there is no chance of misunderstandings (and an independant valuation) |
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Can i gain custody of my son from his mother? We were together nearly 7 years on and off and i have no confidence in her with my sons upbringing since i asked her to leave? by Antony Curlett |
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Of course you can apply for custody (now called residence). In order to succeed you will have to show that not only is mother failing in her care of the child but that you can do better and that a move to you is in the child's best interests. I assume the child is about 7 and if that is so the court will probably not take his wishes into account. The wishes of children over 8 are taken into account but it isn't until they are in their teens that children's wishes are usually acted on by the court. I recommend that you contact a solicitor local to you and get his or her advice but prepare to be disappointed as mothers are usually thought to be better in bringing up young children and proving her unsuitable may well be very difficult. |
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I have a company pension if i take a lump sum payment will it be classed as income so i will pay more income tax by tex |
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A lump sum will not be treated as income. |
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I bought a car on interest free finance over 4 years I have got 1 year to go but i am in financial differcultly could i return car with no penalties by tex |
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It depends on the terms of the agreement but I doubt if it will be penalty free. Have you thought about selling the car and paying off the finance that way? If you decide to do this it will be dependant on the agreement terms as to whether this is possible so you must check the documentation. |
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I need help with regards to fighting a whereby social services took a child without her parents permission. by Eboney Ellington |
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This sounds like a case recently reported in the press. If the Social Services had a court order you will probably not succeed. Please consult a local solicitor who can advise you further. You should be entitled to legal aid if you are financially eligible. |
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I have a joint loan with my ex partner. We did have a joint mortgage up until May 07, when the house was signed over to me. Since May 07 i have been paying the full amount of the joint loan, even though i have asked countless times for her to pay her half. Iam in the process of trying to sell my house and will use some fo the profit to pay my half of the loan. I cant carry on paying the full amount of the loan for much longer, but i have no problem paying half each month. What options have i got and should i tell the bank that i can only pay half each month. Thanks by Stephen |
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You need to see a solicitor and show him/her the documentation. If this is a normal loan you are both liable for the whole of the loan so you will have to pay it all off and then sue her for her half. The bank may well give you a capital payment holiday while you sell so that at least you only pay interest if you explain the problem and they are happy that the sale is going to take place soon. |
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i got married in 2004,but it was a forced marriage, and also he raped me and got me pregnant,my parents got him over in the uk , he came over in uk in 2006,bt he left me 1week after his arrival,he threatened me that i would have to give him visa if i dont then he wud harm me and my daugther,after he left,i left my hometown and went far away because i was getting shamed up by my friends n family,i also got threatened over the phone saying that their gonna harm me n my kid so i report it 2 the police.. now that iv had a divorce,hes put an application for contact.hes saying on the application form that i throw him out the house and i was with another man which is untrue,he left me and only married me to come uk.the home office has been awared about this and he has 2 go back this year in november..hes only using my child to be in the uk, and he said that wife comes first then kid.. i dont want to show my kid to him,she doesnt no anything about him because hes never put the effort or give money for her,its always been me looking after her..i left my hometown for her best future so she doesnt get depressed or depression about my past. can u give advise... thanks by farhana akther |
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You should tell him he will have to go to the court to get contact with her. If he does issue proceedings you can defend on the grounds you set out in your question and the court will order a CAFCASS report which will take about 16 weeks to come through after which the court will order statements etc before trial. I don't know how much delay there is in your local court but I expect that he will be due to return to his country by the time all the proceedures have been completed so any order by the court is likely to be of no real effect. Please see a local solicitor and get up to date advice. |
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We were granted the decree nisi in March 2007. I have not applied for the decree absolute as ours is a clean break settlement. New information on undeclared banks statment and cash expenditure has come to my knowledge since we signed the consent order. The other solicitors insists that I apply for the decree absolute and have given me TWO working days to confirm - otherwise they will apply for it and ask for the costs to paid by me? I represent myself at the moment and can they bully me like that? Could I also ask the court to set aside the consent order (2nd one) in light of the new information? I would be very grateful for your reply. THANK YOU! Ranji by Kodi |
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There is no connection in law between the decree absolute and the consent order unless the order only comes into effect on the grant of the D.A. If the failure to disclose was "material" i.e. substantial and the actual position of the other party had been mis-represented and you and the court acted on the misinformation then you can apply to have the consent order set aside and the whole thing reconsidered. I have to say that small failures may well be overlooked by the court and if the judge considers on receipt of all the information that even if that disclosure had been made at the time he would still have made the order you agreed to the order won't be interfered with. This is a complicated scenario and I advise that you should get a solicitor to look at the facts and give you guidance. |
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I recently had a temp. restraint order denied. I had a move out clause in the R.O. not that the judge has denied my request what happens to the move out clause can my wife move back in. I have since filed for divorce. it was filed before i was denied. by KENNETH SHAWVER |
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The RO still stands until it expires either by the passage of time or another order. The divorce is seperate, and doesn't affect the RO. |
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.My son and I are German Nationals. We moved to the UK in July 2005. The Father of my Son is US resident.\r\nHe now is telling our Son that he does not have to pay Child Maintenance for our Son anymore because we left Germany. Is that true and is there anything I can do about it. I already have ordered my files from Germany by Sabine Hennig |
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The child's father is wrong. You should register the order in the English courts and they can enforce. I suggest that when you have your files you should consult a solicitor. |
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My wife has move out of my house due to some misunderstanding last week. She maliciously claimed I was violence with her however the DNA test carried out on her did not confirm that allegation. She came home to move out all her stuff including the bulky items. I am not interested in resolving as the marriage has been hectic we got married in Nigeria November 2006 and she got a two year dependant visa to come and join February 2007. My questions are: since she has move out voluntarily can I change the lock of my house for my own safety and security? Does she have a right to break into the house in my absence (holiday or been at work)? I have owned the house 4years prior to her coming and she has not contributed in any form in the close to 12months she has spent in the house so could she have any financial claim as my dependant? (We have no children and she is not pregnant). What is the implication on her immigration (visa) status now that she has left me? She refused to give me our marriage certificate and I have no clue of the address of the wedding as it took place in Nigeria for me to request a copy of the certificate can I still progress with the divorce?\r\n\r\nBest regards\r\n\r\nTom by Tom |
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If the house is in your sole name you can change the locks, marriage does not give her the right to break into the house but she could visit it by agreement to collect any items she left behind. She has the right as your wife to make a claim against you for financial provision but in view of the short marriage and no children she is unlikely to succeed. You will have to get an official copy of the marriage certificate to take divorce proceedings in this country presumably you know the town where you were married and can get an official copy marriage certificate from there. |
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My son is 14 years old. He has lived with me since birth. He was planning on attending a high school. And filled out his paperwork. He was happy. 2 months later I announced to him that I was getting engaged. My fiance has known and been in my son's life for 7 years. My ex is a abusive man. He has caused many problems in the past 7 years. {non returning of my son from visitation, vandislism to my car and refusal for my son to recieve counseling} After my engagement was announced I recieved court propers in the mail. My ex is wanting to take custody of my son. He lives 45 minutes away. My son now says he wants to go with him. I know my son is afraid of him. And has been made to keep secrets from me and has listened to my ex bad mouth me for years... I do not want to give him up. But I do not have thousands to fight..... Is their a middle ground to try to attempt.??? Counseling for my son ?? ordered by the court ? With no transfer of custody for now? A trial basis? For my son to see if he likes living with his father?? If I let him go..And he wants to come back. I will have to go back to court with more money to fight for him back........... I believe in my heart tha my engagement scared him. And my ex is furthering his abuse by stopping my son from going with me and leading a new and normal life..... My son has established friends with me, schooling, baseball team stc...Please help by susan |
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You should go immediately to your local family mediation service and arrange a mediation through them to include your son (some mediation services will see children and some are unhappy to do so) your son is now old enough to make up his mind as to where he will live but he will need guidance. If mediation is not successful you should issue a cross application in the court on the question of residence and ask for a CAFCASS report, the CAFCASS officer will see you and your son and his father and make recommendations to the court. The court will not make any order until the report is in and you can tell the reporting officar about the past incidents and your fears. Please do try mediation first it is often the best way. |
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thanks for advising me on careers paths would i need to ring law society london or is there website i \r\ncan use, moreover what GCSE grades do you need minium to meet the criteria of going into a career in the law. \r\nfinally what other pathways are there apart from doing ilex course ? by MISS RIESA HUSSAIN |
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Yes the Law Society have a website so try that first.\r\nIf that doesn't help ring the Law Society of Chancery Lane London and they will help you. |
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I have a door step collecter coming to my home to collect for a loan I got a loan of £1000 over 28 weeks paying £50 per week =£1400 .I have missed afew payments and now i have reduced my payments to£25 per week .he has said he will charge £14 per week missed payments .Is this legal by tex |
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Take the agreement you signed to your local CAB and ask them to help you. The terms may be enforceable but may fall foul of legislation preventing exhorbitant charges or interest. |
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what career paths can you take to become a solicitor ? by Miss Riesa Hussain |
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Contact the Law Society london and they will send you literature. If after reading the literature you decide to become a lawyer I recommend you arrange to spend a week or so at a lawyer's office watching what goes on so that you can make an informed decision, a lot of students start out on this career and find out at a late stage that it is not for them. Your local law society may well be able to help you find an office local to you where you can shadow a lawyer to find out the realities of the profession. |
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Can a solictor in family law refuse togive me my papers back i want to go indepent and shes saying i cant have my papers back until legal aid have settled my bill? i need my paper back as i want to appeal against the judges descion and i have to do it within 10 days by CLARE ROBERTS |
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Yes the lawyer can retain your papers until paid. It is a very old remedy called a lien. You can probably ask the court for more time to appeal (say 10 days after you get your file). If you feel that the lawyer is preventing you going forward with this case you should approach your local law society and ask them to help. |
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my friend has just had her little boy whos one in a few weeks taken off her and he is staying with his gran is there any way that i would be able to help by having him with me full time i would really like to know as im really worried about his gran as she wont be able to cope on her own please phone me asap thanks by hayley buss |
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You should contact your local Social Services and make this suggestion. If you are not a blood relative the only route would be for Social Services to take control of the child and then place him with you. |
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| Q : |
My brother and his wife have seperated but have not taken legal advice regarding being separated or initiated divorce proceedings. I am concerned as his wife his wife is running into financial problems and running up debt. In the event that she declares herself bankrupt, she has no fixed assets, however my brother has. As they are still legally married is he liable for her debts? by leanne iveson |
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The only time your brother can be held responsible for his wife's debts is if she was dealing with her creditor before the breakdown and he was held out as the payer or guarantor. If there are such situations the creditor or potential creditor must be notified that he will no longer be backing her. A notice to all her known creditors that they are seperated and that he cannot be held responsible for any debts incurred by her would be a sensible course of action |
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Thanks Jeremy I didn't expect a reply but it is very helpful you have given us another avenue to consider and we have taken on board your advice to be guided by our counsel before taking any action, I will let you know in the future how it all turns out, thanks again for your kindness and time. by Saunderson |
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Please feel free to come back to me if you need to. The studio can put you in touch with me on the phone if you wish. |
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Thank you very much for your time and advice.This isn't a question it's really just to tell someone how badly things can go wrong. Our daughter has legal help, at the original hearing she was very badly represented, her ex had I hate to say it excellent representation the judge formed an opinion against her and refuses to change his mind ignoring reports from social services who have described the judge off the record as being narrow minded and suffering from tunnel vision, he now accuses her of coaching our grandson to make up accusations, he has a guardian who has seen him twice 18 months ago who can does not return calls and can't be contacted even by social services, they in turn did not turn up at a hearing yesterday after having been asked to prepare a report on our daughter and her fitness as a mother they found her to be an excellent mother but the judge dismissed this and ordered more reports, her ex said he was not attending any more hearings the judge said ok and to make it fair our daughter would not be allowed to attend just her barrister and she has to pay for her exs' legal help from her legal aid fund, everyone is scared of the judge he is a law unto himself, and in the middle of this is a little boy who has told us he has been abused who social services have been told they are not allowed to interview again. If we weren't living through this nightmare I wouldn't believe it, we are going to try and speak to social services ourselves this week , there is another hearing in Feb that our daughter is not allowed to attend, what a mess Jeremy, I think what we need is a miracle and there aren't many of them about. Thanks for listening, bless you for your time and interest. by Saunderson |
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This sounds dreadful. Your daughter is at least able to appear through her barrister and after that hearing she must ask for a full report of the proceedings and his advice. Once there has been a final order she should get written advice as to whether she should take it further and how to do so. One thing you can try is to find out if the judge has reserved the case to himself if he has reserved it she has the right to make a complaint about the judge which I think should go to the Ministry of Justice if he has not reserved it she can ask for it to be transferred to another judge by application to the district judge. She shouldn't take either step unless advised to do so by counsel. She can appeal any part of the order including the costs order and counsel's written advice will be needed. |
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My daughter is going through the family law court system, the judge is completely biased in favour of her ex partner, our 4 yr old grandson has told us he is being abused by her ex on his visits , the judge ignores reports from social services and has threatened to give her ex custody if she pursues any complaints, her ex is allowed to make any statements he likes and is never asked to provide proof, what can we do, is there any way we can have the way the case is being handled by the judge looked into, we are desperate for any advice you can give us, social services, the nspcc and family safety have tried to intervene but the judge just stops any contact between them and our grandson. by Saunderson |
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Is your daughter being represented by a solicitor? if not she needs to be. A possibility is that you should ask for permission to intervene and if permitted to do so seek a CAFCASS report and point the CAFCASS officer in the direction of NSPCC etc. I also suggest that you ask a solicitor local to the court to give you advice and take with you any documents from the interested agencies. If you don't get permission to intervene it is always open to your daughter to appeal the final judgement when it is handed down but again the advice of a solicitor and/or counsel is essential |
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I have a decree absolute, Jan 4 2008 and my ex wife seeks a pension splitting order which was overlooked by the court. Do I have to comply with her wishes as we are now divorced in legal terms? she has recently furnished me with an Application for Ancillary Relief form? i would be grateful for your guidance in this matter. by Steve Edney |
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Your wife is fully entitled to seek a pension sharing order and you must comply with the Directions of the Court which will have followed her filing an application form A with the court. You don't say how long you were married or if any part of the pension was earned before marriage as these factors will probably affect the share she may be awarded. In the case of a long marriage the court will probably start at half but orders of 1/3 are not uncommon. |
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Hi My husband disappeared 7 years ago He left me with two school aged children. No one not even the CSA were able to trace him. About four months ago I traced him. I told the CSA and asked if they could still chase him for child support backdated. They said NO because my children are now 21 & 18. They said there was nothing I could do and closed my case. Is there anything I can do to get some child support backdate? Thank you by sandra |
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If you divorce your husband you can apply to the court for ancilliary relief and one of the elements could well be a capital sum to compensate you for the lack of support in the past. Obviously a successful claim can only be made if he has assets or a substantial income. If either child is still in education they can apply for support in their own right. I suggest you consult a solicitor local to you. Most solicitors will give the first 1/2 hours advice free |
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Please I would like to know my doughter intend to come to uk to further her education holding European passport obtain in Italy,because she was born here is it possible for my spouse to accompany her or what do I have to do we dont want her to move alone at this age of 18yrs. by isaac owusu |
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If your spouse intends to look after your daughter while she completes her education here I feel pretty sure that a visa allowing this will be granted. I am not however an immigration specialist so this answer should be checked with someone who has more knowledge of this subject tnan me. |
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I was born in Lithuania, and got married when i was 17 years old, then my daughter was born in the marrige, but after two and a halp years we got divorsed, but i never been in cort, my mum sighnt the divorced papers and cort went without me, so the father of my daughter took my daugher and im payin child suport, but i need to know how can i get her to bee with me?\r\nI want her to live with me here in England. How can i do that? by Agne |
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You will probably need the help of a Lithuanian lawyer in this case. If this was an Englosh case you would apply to the court which granted the divorce for an order that the child shall reside with you (a residence order) or that the child shall have contact with you (a contact order) or both. The English court would want to know that the child will benefit from living with you and if you had not seen her for some years would probably get a CAFCASS officer (a court welfare officer) to see the child, your home and father's home and make a recommendation as to where she should live. It may well be that you should go to Lithuania and see the child and get her to know you again if you haven't seen her for some time before you do anything but of course if you go to Lithuania you can also source a lawyer there. You may be able to force the issue by withholding child support until at least you can see her. Any court is likely to want to know that you and the child are happy together, that you have a secure home to bring her up and that her schooling can be arranged in this country |
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I am austrian by nationality but grew up in England. I was married to an englishman for 9 years, and we had one son. My husband and I had decided in 2001 to move to Vienna. My children and I moved there first ( i have another son by a previous relationship) and my husband intended to follow as soon as we had settled down. I found an apartment (he agreed to the rent of 1000GBP) and waited for my husband to join us. He turned up and spent 9 days with us before saying he had changed his mind and was returning to England. when it became apparent that he would never be joining us, and the option of us moving back to England was closed to us (separate bank accounts and no home to go back to) I filed for divorce. he left me in debt and in 2005 we were divorced. my husband did not want custody or visiting rights to our son, and stopped payments of any kind.\r\nmy question is this -lawyers in Austria don't seem to know how to deal with the situation between England and Austria, those that might are too expensive. My ex husband has bought himself a new house and I don't know where he lives as he doesn't want any contact. He pays no child maintenance or alimony. the one time i managed to contact him by email he said he had no money to spare! what do i do?\r\nI would be grateful for your advice in this matter. many thanks,\r\nBernadette calice by b.calice |
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Did you file for divorce in England or Austria? If it was in England you can apply to the divorce court for an order of Ancilliary Relief and can claim for maintenance, a capital sum, a pension sharing order or any combination for those factors. The court will require you both to disclose all your assets and liabilities income and expenditure and will then make an order, if you can't get legal aid the cost will be about £10,000. You could however ask him by e-mail to complete a form E which is financial disclosure and an english lawyer could then advise if taking him to court would be worth-while. If the divorce was in Austria you can apply to the English court for permission to start a financial case in England and this would probably be granted you will need an English solicitor to help you. There is no point in going to court if you aren't going to get anything but the court will look at both of your assets and do what is fair. |
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I was declaed bankrupt in relation to solicitors costs of £14,000 but the debt was a counter \r\nclaim against other solicitors however the Solicitor whp represented me did not act on my\r\ninstructions and the order was made\r\n\r\n\r\nMy question is thaty my creditors are solicitors who had demerged before the proceedings began and in that respect would the written consent of the partners of the firm that had been demerged have to be provided to the court. The evidence presented did not mention that the firm had demerged\r\n\r\n\r\nIt is said that the Sif authorised the proceedings as it was said that the Sif were the Insurers for the solicitors in 2005 buty the Sif stopped taking new claims after 2000\r\n\r\nI have asked the creditors , their solicitors and the Sif to give me proof that the demerged firm had consenterd to the proceedings and asked for confirmation of the person whop authorised the bankruptcy but silence has been the response\r\n\r\n\r\nHow can I now obtain that information. I should point out that my creditors had concealed facts from me that caused me a loss in excess of the debt and my loss has never been recovered\r\n\r\n\r\nWho if any will investyigate my complaint\r\n\r\n\r\nYours sincerely \r\n\r\n\r\nMorris Owen \r\n\r\n\r\n\r\n by Morris Owen |
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Go to the Law Society in London and they can help you. |
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If I make a will how can I be sure that my wishes will be carried out? I am fearful that if my next of kin does not like the will then they will tear it up and my estate will be decided by the laws on intestate.\r\n\r\nRegards by James Kenyon |
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The simple way is to get a solicitor to draw up the will appointing him or some-one else you can trust Executor and he/they must follow your wishes. The will should be lodged in his safe and a copy sent to your bank for safe keeping with the instruction that it is sent to a solicitor for the executor on your death |
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My mother died March 2007, we were not on speaking terms when she died, l have a\r\nyounger brother and sister, l was informed of her death which was sudden, my sister initially said there was no will, so l assumed that the estate would be divided equaly, my mother sold her house in London in Nov 06 and had an annex build onto my sisters property, unfortunatly my mother never lived long enough to move into her new home, l have been told since that there was a will and my brother and l were written out of my mothers will in 2002, we have never seen this will, could you give me any idea as to my legal standing.\r\nP.S. l was also told that she gave all her jewellery and saving etc. away to people she liked, so that they could thank her while she was still alive, my mother didnt know she was dyeing, so why would she give away everthing she was 76, am l able to know who she gave the money to. and how much the estate was, l am lead to beleive there was no probate? her estate would have been quite substantial.\r\nRegards Sharopn by Mrs Shron Marriott |
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You are entitled to ask about the will and demand a copy, if this is refused you can carry out a search at the principal probate registry to see if a will has been proved there or if a Grant of Letters of Administration has been made. If a Grant of Letters of Administration has been made you are entitled to share in her estate but if will has been proved you may still have a claim against her estate under The Family and Dependants Act even if you are not mentioned but but this must be made within 6 months of any grant of probate. If your sister was helping mother with her affairs you can ask for details of any gifts. If your mother invested her money in the annexe then your sister will have the benefit of that but in the absence of a will or probate you are entitled to a full account of what she did with her money. I suggest you check to see if any grant has been taken out and then consult a solicitor. |
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I have stayed with my wife since July 1998 in Africa, but only got legally married in 2005 in Africa after having two children aged 9 (nine) and 3 (three) years respectively. The 9 years old child was born in Africa and the 3 years old born in UK.What is their legal rights regards parental authority or care?\r\nI am a student in UK and still stay with my family but our marriage is no longer subsisting since my wife officially goes out with another man and have agreed to divorce but asked for us to stay together for the purpose of bills and raising the children, let alone the visa.\r\nMy question is. "Our visa is renewable (at the discretion of Home Office) in November 2008, can I renew my visa and include my two children but exclude my ex-wife whom are currently my dependants and what are the chances for me to apply for a HSMP after my MBA degree taken in UK? Can my ex-wife swap her visa from being my dependant to sometihnig else or become a student independant of me as is her intention?\r\nCan the Home Office allow me to stay with my children under my visa than her mother's though? Your assistance in this regard is greatly appreciated and thanking you in advance for your valued reply. Darlington by Darlington |
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This question is in 2 parts and I'm only competent to answer the first part. As the father of the children you are entitled to have a full say in their upbringing schooling etc. If you and your wife cannot agree you can go to the family court and get a ruling on the matter in dispute. Young children normally stay with mother in any dispute over residence (formerly custody) but if her new man is a person of bad character the court will go for the safest option. Until there is a ruling the court will assume (and hope) that you can agree on their care etc. I strongly recommend that if disagreements arise you should consult a family mediator. I'm afraid you will have to consult a specialist on the other query. |
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Hello Jeremy\r\nI'am a divorced father with full residency of my 8 year old daughter.\r\nAgainst my wishes the family court granted a 6 hour unsupervised monthly visit for my ex wife and daughter to spend time together. I objected to the unsupervised visit because my ex wife is mentaly unstable and violent.\r\nThe problem i have at the moment is; during these monthly visits my ex wife mentaly abuses my daughter with a hate campaign against me in addition she promises gifts if my little girl tells everyone that she wants to live with her. Due to her criminal record (assault police assualt) and violent past I have felt quite safe that my daughter would always be with me, however my ex does not work or pay child support therefore she abuses the legal aid system like it is her next door neighbour I work so consequently have to pay dearly for legal advice. My little girl is confused and she is showing signs of distress (pulling eyebrows out wetting herself) whenever she comes back from visiting her mother. I would idealy wish to cancel all contact due to this abuse; i would be etenally grateful if you could give me any advice on this matter. by Ian Ramsden |
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You can and should go back to the court and ask for the contact to be varied downwards if your daughter is being badly affected, I suggest a doctor's opinion would be helpful to show harm to the child the court presumably know of your wife's character and took it into account but if it didn't know of her record when the order was made you should tell it about her violent tendencies and ask the contact to be varied. I suggest that you should ask a family mediator to talk to you both and see if an agreement can be reached on a variation to say contact at a contact centre. |
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Ihave just petitioned for a decreeabsolute, finalised 8/01/08, but my x wanted a pension splitting order organised. this did not materialise even though I requested it. Where do both parties stand now? Would this involve an amicable settlement out of court? by stephen edney |
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The grant of the D A won't prevent there being a splitting order by consent. You will need the help of a solicitor in drawing up an order and the accompanying financial statement which will then be signed by you both and filed at the court with 2 form A's and the fee. If you can't agree terms I recommend using a family mediator and only asking the court to intervene as a last resort as the ancilliary relief procedure is lengthy and expensive. |
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My son was born 2004 dec and never got married to his Dad who has had idefinty for over 5 yrs and has applied for nationaization. He appears in birthcertificate and was granted a court order over my son to keep him every other weekend and see him for an hour every other thurs. I have submitted application to h.office idefnity leave under human right. My Mp wrote to them on sep 2007 for i wanted to go to Kenya to see my Dad who is in critical condition. H.office asked me to leave UK if i wish but they will withdraw my application as soon as i leave UK. which left me very streessed to be on put in condition. If i leave my son in uk before having idefinity i will not be able to come back to uk thus never to see my son again. \r\n\r\nAgain is my son entilled british passport/\r\nTHanks by wanjiru |
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I'm afraid I am not an expert in immigration law but the Home Office decision does seem to be rather harsh Perhaps the best course would be for you Dad to visit you in UK when he is well enough. The alternative would be for you to get your son put on your passport and for him to go with you. I suggest you check this answer with an immigration expert. |
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Entered in UK in 2002 on visitors visa. 2004 had a son. His Dad had idenfinity leave to remainin Uk{from Zimbabwe)has applied for naturalisation. In march 2007 his dad was granted a court order over my son. My son has to cant leave outside uk for more than a month. Thus am left very vuneralbe for i have no stay in uk and can be deported any time and loose contact with my son. Plus its benefit for my son having to see both parents regulary. My son has no pass port and my passport is with immigration since 2005. Am working and not getting anything from govt even childtax credit. please advice what to do by wanjiru |
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I'm not an immigration expert. You do not say if your son lives with you and sees his father under the court order but I presume that is the case. If you were to be the subject of a deportation order you would I feel have good grounds to challenge it as you should be with your son. You should apply for child tax credit. |
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I am a british citizen in the netherlands with my south african partner,she has a 5yr residents permit for the netherlands.but we would like to live in scotland as i am currently looking for work in the oil and gas industry and would be easier for me to move back to scotland as i would need to be close to home because the work will be on call.we have read that if we have lived together in a relationship in a european member state we can go to britain at no cost to us but not sure what we would have to do by James Stewart |
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I'm afraid you need an immigration expert to answer this but I can see no reason why you and your partner can't just move to Scotland. Your status may be stronger if you were to marry and then you can enter as a UK citizen with her as your legal wife. |
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hello my wife has just left me 5 days befor christmas we have been married for one and a half years and have one son aged 19 mounths i just wanted to know were i stand with custody of my son and bills ect as she dus not work know she gave up her job when she moved out so do i have to pay all the bill as the ones in her and my name cos shes not working and maternenc on my sone i will be very gratfull if you could get back to me thankyou by matthew drane |
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You don't say if she took your son with her, I assume she did. On the question of what used to be called custody but is now called residence either parent is entitled to ask the court to rule on where the child shall live and the court will need to know that the accomodation to be provided is satisfactory and that the child is not going to be at risk. Children under 5 are almost always placed with the mother but if there are safety or other problems (drug use or previous bad character in particular)the court will probably place the child where he/she is safe rather than follow the general rule. On the question of bills your wife can't make you responsible for her bills but if you have been in the habit of paying bills for her before you split you must notify the shops/traders where this arrangement existed in the past and say you won't pay any more of her bills. You are probably liable for the bills incurred before she left. Maintenance for your son will be calculated by the CSA but you should pay something anyway and I suggest £20pw to start off with. |
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i want to divorce my wife of 22yrs .we have a son of 17 .what is the law on selling our home?if she does not want to sell . by graham |
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The rule is that after such a long marriage all the assets are to be divided equally. If your son is still in full time education the court might order that a sale of the home shall be postponed until he leaves secondary full time education, also if your wife or son had a medical condition which would cause exceptional hardship to have to sell up and relocate the sale might be postponed but the general rule is that you and your wife are both entitled to have your respective half share in the home so as to be able to start again. If she won't agree to sell you can apply to the court in Divorce proceedings for an order of sale and the judge will have the power to make such an order even if she won't agree provided the judge feels that it is fair and unreasonable hardship would not be caused. Each case turns on it's own facts and you should see a solicitor and get advice on your exact circumstances. |
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I have partial residency of my child for almost a year, and hopefully full residency in spring. Is it legal for my ex-wifes brother to conact my solicitor on behalf of my ex-wife and for the solicitor to reply to him in person.\r\nalso i would like to know if it gives me a greater chance of full residency if my child has lived with me for a year. by Richard |
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If your ex wife is acting in person or through her brother it is perfectly OK for him to contact your solicitor and for your solicitor to reply. If your ex is acting through a solicitor then the brother should have gone through her solicitor but it isn't unusual for family members to try and intervene. Your solicitor will no doubt have pointed out the correct procedure to him. If the child has been living with you for a year and all is well there will be a presumption that the child should stay with you but it all depends on the child's needs and your ability to supply them. |
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i was awarded £30,000 from ex, shud of got it last yr jan 11th.he was told to sell a property and pay me he sold the prperty bk in july last yr, he has now gone bankrupt he has broken every court order that was made againt him, he stole my jewelrymtried to sell house behind my bk ect. were do i stand now, im in dept cos of him he s ruined my life by jackie |
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I'm afraid that the bankruptcy may affect your chance of getting the court order upheld although in a recent case similar to yours the court did take the view that the successful judgement should be upheld as against the creditors. This requires the help of a solicitor as a matter of urgency. You can prove in his bankruptcy as a creditor so contact the official receiver, but your solicitor's guidance is essential as you may be able to put forward some priority. You wouldn't be able to claim because of his bad behaviour I'm afraid unless there was a judgement which would take priority to his creditors and that is very unlikely. |
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can you help my husband has reciently walked out of the family home to be with another woman i would like to know where i would stand in regards to getting the full sale amount of the house due to the reason he left and the fact he now lives with the other woman i also have a 14yr old son can this help getting the money, i do have to sell the house as i am unable to keep it on my wages alone thanks by Elaine |
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You do not say whether the house is in joint names or how long you have been married. Assuming however that you have been together for over say 15 years the actual ownership of the home will be largely irrelevent as for a long relationship the court will treat the property as being joint. On divorce the court does have the power to order a transfer of property (your husband's share to you) but unless there are other balancing assets it is very unlikely that his share would be transferred to you outright. The reason he left is not likely to be regarded as sufficient for the court to confiscate his share of the house and give it to you I'm afraid. The most likely order would be that unless you can afford to buy his share (possibly at a small discount if he is unlikely to be able to fully support your son) the court will transfer the property to you but with a charge back to your husband of his share (possibly slightly reduced) that charge not to be enforceable until your son leaves secondary school. You can apply for maintenance to help you pay the mortgage.\r\nI suggest that you consult a solicitor as soon as possible who can get more background information from you and advise you more fully. |
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I had a joint loan with my ex-wife in approx 2001, the marriage broke down and ended in divorce and i could no longer afford the monthly payment and i contacted the company and they said they could halve the payment and double the term this i agreed to at the time and have continued to try to get my ex to pay her half, this has never happened. my ex wife is now bankrupt. where does this leave me ?.\r\nThe loan was originally for £7500 and the current balance is still over £8000 after 6+ years and the account is in default, can i do anything to have the default removed from my credit file since i have continued to pay my half?. We paid £240 per month for approx 1 year and then i have paid £120 since. i do have other debts myself and have some equity in my house, can i be forced to use this in order to pay debts?. \r\ni look forward to your reply.\r\n\r\nMany thanks.\r\n by Alan Thorley |
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The technical answer to this question (which isn't all that unusual) is that both of you are liable to the lender for the whole of the loan and the payments arising under it, but as between the two of you the borrower who bears the burden of the repayments can go to the court and get a contribution order from the other party. Unfortunately the bankruptcy will probably prevent you getting a contribution from her while she is bankrupt and if you try and prove your claim in her bankruptcy you may not get anything. It is worth your while to contact her receiver and find out if she put the debt in her form of disclosure or if as I suspect she has not claimed it as part of her liablilities. If she hasn't disclosed it I think you may stand a chance of getting a contribution when the bankruptcy term has expired but this of course would depend on her having the money to pay you back which seems unlikely. The Bankruptcy Court has greater power than the matrimonial court but if you haven't made a claim for ancilliary relief the fact that you are paying her debt would be taken into account |
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i have been married to a jamaican coming up for 7 years in July. Obviously at the beginning when he was applying for his stay i was financially responsible for him. I own my own home for which i was going through the purchase when i met him. Even after he successfully received his stay he continued to be a financial parasite. Unfortunately due to financial difficulties i decided to remortgage with his name on this in the hope he would also step up and pay his contriibution this has not happened. I have a 4 year old with him. I have applied for another mortgage which is successfully going through in my own name and i intend to pack his bags and get rid. There is clear proof that he has not contributed to the household. Yes i understand through marriage he may be entitled to something (although he has not contributed what can I do. I have been a real mug trying to make this marriage work but I have now given up and wish to secure a decent future for both myself and my daughter. by sharon |
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I am afraid that by putting his name on the mortgage you effectively gave him a half share in the house unless the solicitor doing the transfer made a special reservation to you of an unequal share. This is a very common occurence and a great trap for a lot of people. The Matrimonial Court however can and will take your greater contribution into acount and has the power to transfer the house back to you probably with a charge back to him of a lesser portion of the equity than half and posponing the operation of the charge possibly until the child leaves school. If he is unlikely to properly support the child that also would help to drive his share down. Your best course of action is to divorce him immediately on the ground of failure to support you and the child (unreasonable behaviour) and apply to the court for ancilliary relief to get the shares in the house changed and any charge back to him posponed. The new mortgage won't go through without his signature so perhaps a threat of action together with a release of him by the new lenders may put you in a good bargaining position but I suspect he may well sit tight on his nominal half share and you will have to get a Transfer of Property Order in Ancilliary Relief proceedings before you can get him off the title. Please go to a solicitor right away this isn't a do-it yourself type of case. |
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| Q : |
this question of mine is not relevant to family law i just wanted to ask you can you give some background on the law as i'm very much intresting in taking up the law course.? by Riesa Hussain |
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There are a number of books about the law generally which should give you some guidance and you can contact the Law Society London to get details of careers in law. What I suggest you do is contact your local Law Society and ask them to find a lawyer who would allow you to shadow him/her for a few weeks as you will find out more about the law by doing this than reading books. It is a fascinating subject and if like me you enjoy helping people it is also very rewarding. Good luck |
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PROPETY IN GHANA.\r\nI had an affidavit sworn in in Ghana at the High Court, with a seal of authenticity, but has been rejected/set aside by a Judge sitting in a Magistrate Court in the UK. Is there any Statutory Instrument or precidence which will cause the affidavit to be accepted in a UK courts? by Ernest Orchard |
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I'm fascinated by this. Usually a document authenticated by a foreign court is accepted however there are a number of documents and orders coming out of Ghana which are forgeries so ask the magistrate for an explanation. Also ask the Ghanain court to certify the document as genuine and show the English courts that assurance. |
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| Q : |
My Fiancee has multiple visa arrangements from a commonwealth country.Recently we lived togethr for a log wile.we have a baby .iaws advised to apply for child benefit..that went ok.as she is not yet resident in uk(we plan to be married)CAN I APPLY FOR CHILD TAX CREDIT?CAN I APPLY FOR A PASSPORT FOR OUR BABY WHO WAS BORN HERE?I AM A UK RESIDENT OF OVER 25 YEARS. by AIB JOBE |
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I can see no reason as a UK resident of 25 years why you cannot apply for Child Tax Credit when the child is resident here. Also I think you can apply for the childs passport if you are on the birth certificate but you should check these answers with an Immigration Specialist |
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IS MY SON , ABOVE 18YRS, WAS BORN ABROAD LIVED ABROAD ALL HIS YEARS ENTITLED TO A BRITISH PASSPORT WITHIN WHAT SPACE OF TIME. I AM BRITISH CITIZEN BY BIRTH AND WE ALL ARE LIVING IN UK by Nancy Julian </ |
