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MPS - Should I send evidence with D11?

  • malthouse
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10 Jul 11 #277177 by malthouse
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I am, after what seems like an eternity, finally making an application for MPS. Having separated last August, I have been at loggerheads with my ex over money ever since. He is paying the mortgage on the property but stopped paying me any kind of maintenance in January. The delays have been the result of shoddy work by my solicitor and the unbelievable lengthy waits for Legal Aid. Whist I was awarded a certificate back in March, my income (calculated by them) was £733.79 with a limit of £733.00 so have been turned down for Legal Aid for the princely sum of 79p. They did try to recalculate for me but as it was based on a period before I started full time work, if they'd recalculated, I would have been more over than my 79p. I now earn £8 an hour. The crux of all of this is that I am ill. In fact I am maintaining a job when my Doctor would quite happily sign me off on long term sick. However, I am a proud woman who would seriously suffer mentally if I didn't work and through careful management of my illness I am functioning. I am seeing a consultant on 19/07 who is probably going to advise a serious operation with a 6/8 week recovery time. As I work through an agency, I will only receive SSP and I have nothing behind me to stop me going under financially. My ex was aware of my illness when we were together but I have received conformation of diagnosed since separation. He has during this period also tried to wipe out over 14 months of out marriage in order to try and make this a "short marriage" all of which I have evidence of. If I was to start telling the story and printing off all the evidence it would create a bundle for the hearing but do I need to do that at this stage? Its vitally important to get this hearing in before I go into hospital. I've spent months getting back on my feet financially after going back to work and whilst I don't have a life as such, my basic bills get paid every month. I am also entitled to Working Tax Credits which has opened up a new avenue to getting something done as I'm entitled to remission on court costs. Thank the Lord for internet searching! So my question is; Shall I send everything in or wait until the hearing? I am aware that the courts have a limit on time for each case? Many thanks in advance for any assistance.

  • dukey
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10 Jul 11 #277191 by dukey
Reply from dukey
The usual route is your solicitor will send form A to court with the application for divorce, its a simple matter of just ticking the MPS box on form A, you then provide a statement of means and needs, often a simple spread sheet will suffice, D11 only allows for brief detail, the real detail with be dealt with during the actual hearing.

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10 Jul 11 #277199 by malthouse
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Many thanks for the reply. Unfortunately, due to being turned down for funding by Legal Aid, I am now defending myself and am making this application so I can go into hospital without worrying about how I'm going to pay my bills. My solicitor has not been in touch for an age since I lost my funding for the financial side. Divorce has stalled due to my husband not wanting to settle (I have put a very reasonable settlement on the table) He believes he shouldn't have to pay me as I'm a "golddigger" even though I was the higher earner on marriage and had approx £65k of collateral in my property I took into the marriage and gave up my career to support his (He's in the Army) and travel with him through his work. I worked throughout the marriage but six years of taking menial jobs (work is limited for an Army wife in Europe) has left my CV showing apparent skill fade!

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10 Jul 11 #277200 by dukey
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MPS lives or dies on numbers, how long you were married, your needs and his ability to meet them, assuming your needs are reasonable and he has the spare income to help he will be asked to pay until you reach an agreement either by consent or imposed at a final hearing.

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