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On hear to help and offer advice through my own on-going experiences of being forced through the courts.
I am actually not bitter at all. My ex wife left me for someone else. I like many of you on the site was happy in the bliss of my life. Four kids, long marriage and thought we were in love.....etc etc.
Anyway that proved not to be the case. My wife wanted out. I was lucky in that I she wanted me to have equal share of my kids so as much as I miss them for the 50% of the time not with me I do get to have them 50% of the time.
I agreed financials with her and split everything as she wanted....all seemed good, on that front or at least i thought.
Unfortuately she decided to listen to a greedy solicitor and take me through the courts. I encouraged mediation but to no avail even did multiple time through a solicitor but again to no avail and instead got accused of having something to hide.
The process through the courts is pretty horrid, completely out of date and [censored] expensive (so far £15k and counting....I feel like a student again with a massive student debt!). I have just completed stage two of the process and thanks to my ex's delaying tactics we have so far been at this for 18 months. The final hearing should be in January. So far two judges have advised my ex and her solicitor that her aspirations are unrealistic and that the capital split is perfect and i am over paying maintenance. You would think that this would kill matter but unfortunately not. The first hearing judges view does not count....the second hearing judge, who is not allowed to be the same as the first can only offer opinion and what he says cannot be documents....so unless agreement can be reached its off to final hearing and a third judge!
Now the point of this post is not to provide war and peace but to offer any information, help, guidance etc as to the process. I would be delighted to do anything I can do to help someone avoid this unnecessary cost and stress. So if you are approaching this type of situation or feel you might please feel free to ask any questions.
Hi and thanks for this, could be useful for anyone just starting this process.
Could you help with some advices. I do have similar case. I have just gone through 2 years of contact court and it is so funny how court orders are ignored by my ex and also her solicotors (they have been ordered to send us to Separated Parents programme and nothing happened). My ex is not allowing me 7 days contact and I have to go back to court.
She has decided to extend her legal aid to financial side of separation (we owe jointly shared housing accommodation) and wants for flat to be sold. I don't wana sell it until we sort out contact issues and thats we are on stand by. Her solicitor is asking me to pay occupational rent and when I have asked how much it is, they declined to reply, so I am going to court to represent myself and to try to find out what is that occupational rent and how much could it be.
background of the story is that my ex have taken child suddenly, moved back to her home town(about 130 miles away) and I have been left to pay all bills and credit card fees. I have been maintaining everything until couple of months ago, when due to health issues, I couldn't do any overtime or other handyworks...
Do I have any chance to get 50/50 split and NOT to pay her bills?
If your paying her half of the mortgage they have no right adsking for occupational rent. You are paying her half of the mortgage as she is a joint owner.
Tell them thst you will pay occupational rent to the sum of her half of the mortgage if you get a reply.
They are chancing theyre arm with you.
Were you married to your ex?
Regards,
Dave
Thank you so much Dave. No I was not married to my ex. We were planing, but it didn't work as you can see. Problem is that she is listening her solicitors and they are not responding to my letters to let me know how much they are asking for occupational rent.
My court case is next week and I will represent myself. I intend to ask for time-scale (6 months or a year) to find out if I will buy her out or just sell the flat. Am I being unreasonable asking this?
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