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Urgent Please - Maintenance Pending Suit - Self Representation

8 replies

Justanotherfemale · 17/04/2018 20:15

Hello All - I need urgent advice please.

My ex husband and I split up last September - him still living abroad and myself back in the UK (I had 48 hours notice to leave). He gave me a start of £18,000 until the matrimonial house was sold however, he told me that the money would need to be repaid out of my share of the house.

He earns a high five figure salary per month (tax free), savings in excess of £200,000 plus double that in a pension - however all of these are offshore.

My question is that I am on a basic national wage, 2 children to look after (not his children but classed them as his own for 13 years and paid maintenance for them, per month, for my parents to look after them in the UK whilst I was living with him abroad). I have tried to ask for more money but has flatly and utterly refused stating that the agreement was no more until my share of the house. I am literally living on fumes after paying rent and now become in debt having to take out a small £1000 loan at a horrendous APR. I am also on benefits to top up.

Following a free 30 minute consultation with a solicitor he believes I have a claim for MPS however not guaranteed. The costs alone for this (as he will be stoically steadfast in his 'no more' routine) can be between £5,000-£7,000 plus VAT which I obviously simply cannot afford.

Can I do a MPS self representing? Do I have to appear in court? Will he personally see my financial statement or can I request the court to keep confidential and of course only for the judge to see and vice versa?

Any help would be hugely appreciated please as I am becoming very ill over money matters now.

OP posts:
Racmactac · 17/04/2018 20:23

Of course you can represent yourself.

You don't keep your financial information secret, the whole process is based on honesty and disclosure to each other.

Have you issued divorce petition yet? Do it ASAP before he issues in a foreign country. Out of interest which country is he in?

Did solicitor not mention about a costs up front from him?

Justanotherfemale · 17/04/2018 20:31

Thank you Racmactac.

I just do not want him to see my financial situation - in bank statements etc. No I have not issued the divorce petition yet - do I have to send this in with the court at the same time as the MPS? He will definitively not issue a divorce against me - as 'it is my decision' - he will just go with the preverbial flow and fight against any request for MPS. He lives in the Middle East. The solicitor mentioned that there is absolutely no guarantee that the judge will award all costs to be paid by him. I also know that he will not hire a solicitor himself.

OP posts:
Racmactac · 17/04/2018 21:21

I'm afraid it's tough. He will see your statements and you will see his.

My concern is that he may choose to ignore everything given he is in the Middle East.

Issue divorce petition and application for MPS at same time. Make it clear on covering letter that it's urgent application. They will then list it for hearing pretty quickly.

At that hearing the judge will make directions ie orders that tell you and him what to do to get ready for hearing.

Justanotherfemale · 17/04/2018 21:32

Will he need to return to the UK for the hearing?

OP posts:
Racmactac · 17/04/2018 21:36

Yes he will

Justanotherfemale · 17/04/2018 21:36

I am aware that I need to attend mediation I believe....

OP posts:
Justanotherfemale · 17/04/2018 21:40

Sorry - one other question. Will I have to face him in court?

OP posts:
MrsBertBibby · 18/04/2018 09:28

Yes you will.

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