Up until a few weeks ago I had a lawyer, but money has run out completely and I have £1000''s worth to pay in bills, so no way I can get any more legal advice.
To cut a long story short my lawyer applied for Ancillary Relief after my ex filed for divorce. I tried to come to an agreement with him, and we had a Consent Order drawn up which just had to be signed by me and sent to court. However, he then all of a sudden pulled out of the agreement, said it was all off (we spent 8 months negotiating this agreement) and he was also going to apply for residence of our daughter.
As an agreement was in sight, I had not filed a form E. The first hearing is on the 25th June (and has been adjourned once already as my ex asked this to give him time to finalise his proposal - which he subsequently withdrew after I agreed to it)
I now understand I have to file my form E 35 days before the hearing - I think I have now missed this deadline?
And I don''t know if I can adjourn again to get more time to do this form E and submit it - or even how I would adjourn if even possible
Can anyone help or point me in the right direction??
Thanks both, I was sorry worried, I thought I''d get into lots of trouble. I will call the court on monday and explain.
The offer was ''''without prejudice'' however, the correspondance from his lawyer where she sent over the Consent Order drawn up with his signature on it - does not mention ''''without prejudice'''' - my lawyer daid he could just withdraw it ....
The difficulty is is that our issues are not just financial. There is major conflict over our daughter and residence / contact. There was a police incident shortly before he withdrew the Consent Order and after this he reported me to social services, the police and decided he wanted our daughter to live with him and his new partner and her child.
Due to the issues, I was then in contact with a childrens panel lawyer who addressed the concerns over contact with Dad and put in place that he and I have absolutely no physical contact - so there can be no repeat of the past issues. Social services are also offering me support and women''s aid to deal with the ongoing issues. There is absolutely no question that residence would or could be changed from me to Dad. My lawyers view was that the court would have serious concerns about residence with Dad.
The difficulty I have now is that everything is linked. Our former home has everything I and my daughter own bar 5 suitcases (I cannot get in as he changed the locks)and I cannot afford to rent anywhere. Nor could I afford to furnish a house again. My ex is insisting I allow the house to be rented out,and dispose of our things in the house (large 3 bed semi - every stick of furniture bought by me...)
I suppose my panic is because he has done everything to make me out to be a monster by accusing me of all sorts of horrific things towards our child (all dismissed by the numerous authorities who has investigated me as a result of his reports...)
He has depleted me of everything I had saved, I have a huge legal bill, have pretty much had to kiss goodbye to everything in our home - I am just clinging onto not making matters worse by making the court mad because I am late with forms!!
The contact issue is separate from the money side, so the co was agreed and signed, contact his solicitor and state unless the matter is progressed you will issue a notice to show cause why the order should not be sealed in the agreed terms, in other words you go to court explain what has happened and the judge may seal the order, it sounds as though he had pulled out more to upset you rather than any real concern regarding the content of the order.
thanks Dukey - he pulled out claiming the order was unreasonable and too much, and furthermore as our daughter will live with him I don''t need any support. The reason his lawyer gave that the order was pulled was based on contact / residence alone.
I earn less than half what he does, and on my income alone I simply cannot afford to pay all my costs - which was the whole purpose of the SM. His view now is that if I cannot afford to rent on my salary, I should live with my parents. He was the one who suggested the terms of the order, but now claims it was under duress. he also says he needs more momey now as he needs a bigger house for his girlfriend and her son..and had to buy a new car (jaguar...)
I never signed the order myself, as he withdrew it before I could (my lawyer was reviewing it) - does this make a difference...
Sounds like a right mess, given you did not sign it and he claims duress its doubtful the judge can help seal the order as it stands, this is one that will probably end in court, he needs to thinking about his first family not the new one, the court certainly will be.