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Just a few words of advice needed please.
My son has agreed with his soon to be ex wife that following their nearly amicable divorce ( she filed for divorce and they are doing it themselves without solicitors, court date set for 21st November) , she will have no interest in the flat that they both own. When they split two years ago, he lived in the flat and paid the mortgage and all the marital debts . He tried to move the flat to his sole name but it was in about £15K of negative equity, and the mortgage is NRAM so they wouldn't allow him to put it in his name, terming it new business which they are no longer taking on. His wife and child are in rented accomodation and he pays the CSA advised maintenance amount direct to her.
As I understand it, once the nisi has been issued, the absolute cannot be given until they sort out finances and arrangements for their 3 year old daughter, is that correct? How would an arrangement like they propose be agreed, assuming they get a consent order draughted by a solicitor is that enough?
And should they make formal agreements for visiting his daughter? At the moment, he is able to see her whenever he likes, though he has now moved home some 300 miles away and has to make all the travelling arrangements himself. At the moment there is no formal agreement for her, he did go to mediation, but the mediator more or less said he was lucky as there was no problem seeing her and he should just make the arrangements himself. I am loathe to get hm to go to a mediator to solve the finances, as it was a bit of a waste of time before.
They had been together for 10 years, married for 2 and have a daughter who is now 3 years ols, she was just over 1 at the time of the split.
Take a look at this - http://www.telegraph.co.uk/finance/personalfinance/borrowing/mortgages/11230990/Port-borrowers-mortgages-if-they-are-not-taking-on-more-risk.html
This has been in the news in the last couple of days as the ombudsman says that companies should be more accomodating of remortgages where there is no additional risk - it certainly might be worth asking them for a review.
As for contact arrangements - if they can work out an arrangement for themselves, then they could draw up and agreement and sign it (and make sure your son keeps a diary of all contact, just in case) , and if they can stick to it, or make suitable arrangements if they need to vary it at all, then I would say there is no need to go any further than that, unless it looks as though the agreement will be broken.
Thanks for that, I'll get him to approach NRAM again.
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