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x2b's Application to Court for Ancilliary Relief

  • tempjones
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03 Oct 07 #4256 by tempjones
Topic started by tempjones
Hi all,

Can anyone shed light on this?

I received the divorce petition though today and part from x2b as petitioner. Included in pack was Form A - Application to Court for Ancillary Relief where he has applied for a Periodical payments order.

The background is that he left to work in the States 2 years ago, I have looked after my daughter for the last two years bar 3 months which she spent in the States. He has a new girlfriend and new 2 month baby - he is returning to the UK with no job to go to and has said that he will now be seeking 50% of assets, will not be able to look after my daughter for anything other than weekends and holidays and is looking for a lower paid ethical job so obviously will be reducing any child maintenance to me. I'm in debt up to my eyeballs and can't afford a Solicitor. We have sold the marital home because I couldn't afford to keep it.

Does any of that mean that he is allowed to seek a periodical payment from me?

Do I have to fill in my own Form A seeking periodical payments from him? Or is the Form B enough?

This will be the first of many questions, I am sure.

Hope you can help.

  • LittleMrMike
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03 Oct 07 #4258 by LittleMrMike
Reply from LittleMrMike
Oh dear, this is a bit close to home ! My wife ( who is American ) went back to America 6 months ago but at least we're not talking divorce just now and still remain on very good terms.

In answer to your specific queries, it is impossible to comment in too much detail without knowing your circumstances. But yes, he can claim periodical payments from you. He can also claim a share of your assets. But - - -

One cannot get blood out of a stone. If you cannot afford to make periodical payments, a judge would not order them except at a very nominal level, and 50% of nothing is nothing.

As for your husband saying he wants a low paid ethical job - well he can, but if he is capable of gainful employment producing a reasonable wage, and deliberately chooses to take a low paid job, I don't think he can expect you to pay the price for his ethical scruples.

As to whether you claim anything from him - the answer is Yes. Claim everything. That's not to say you'll get it. You probably won't. But the reason why you claim the whole lot is simply that, if you don't, you will prejudice your right to claim it later if circumstances change. At this stage, madam, you don't know enough about your husband's circumstances to come to any conclusion about whether a claim by you is realistic or not. So claim the lot. Have you considered what might happen if your husband prospers and lands on his feet ?

The fact that you have a dependent child is likely to be very much in your favour, incidentally.

Furst of all, check if you are eligible for any form of legal assistance. Go to the CAB website ' adviceguide ' which will give you the current limits.

Secondly, there is information on this website which you will find helpful. It is designed to help those who cannot afford a solicitor. Do not despair. I can assure you that some posters on this site, who have represented themselves, have achieved rather good results.

Sooner or later you will come across a rather daunting document called a form E, which you will have to fill in. My advice is to download it, and start collecting together the information you will need to complete it. Try not to be too scared of it, most of the form won't apply to you anyway. If you can show that you can't afford to pay anything, or have no assets worth claiming, it must help your cause. Do a detailed budget of your income and expenditure, and, most importantly, collect the documentary evidence ( bills, payslips, bank statements, credit card bills ) to back up what you say.

And please bear in mind that we will be happy to give you moral and, I hope, practical support !

Good luck
Mike 100468

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08 Oct 07 #4499 by tempjones
Reply from tempjones
Hi Mike,

Thanks for this - have to deliver my response papers to the court tomorrow. Have asked for everything back.

Emailed his solicitor to clarify issues - not a peep.

Tempy

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