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Seeking good advice regarding my rather protracted situation (6 years now and counting, eek) and how to progress a court order that has been in breach for two years…
The Ex and I split in Nov 2015 but lived in the same house until just after the final financial order and divorce Nov 2019 due to the Ex's protraction and the courts own issues finding judges etc., this was horrendous! We have two children aged 18 and 12 now.
It was ordered that (amongst others):-
- The FFH be put up for immediate sale with joint conduct of sale and the proceeds of sale to be divided.
- That our possessions be divided and lists be agreed by a date in December 2019
After moving out mid Jan 2020 I stopped paying most of the bills, none of which the ex would share despite a very good salary and the ability to do so. At this stage I had a sizable rent here while the Ex resided in the FFH without this obligation (the mortgage was less than £90 a month at the time, now £60). Though I was neither on the deeds nor on the mortgage, I had been paying this along with the rest of the bills and was the sole capital contributor to the house purchase and the previous house, so wasn’t a leech. I am still paying the house contents and buildings insurance to this day as loopy won't take it on.
The house is still not sold, the locks were changed in early 2020 and I have no access to my belongings, the police were little help then, giving me an hour to grab my clothes and some essential work equipment and can't help further apparently.
I have been advised by one lawyer (citizen’s advice) to submit a d50k and by another that the best process would be for a D11. I also feel there ought to be a financial rebalance to the divorce settlement too due to the above.
Anyone got any suggestions on a way forward?
be great to get some replies with some advice, especially on how to and what o file for court as that seems the only way we can all move on?
Hi there
Financial orders are an extremely complex area of law. Different solicitors can give different advice as there is often no right or wrong answer but simply their view on the matter. In your case whether you enforce or apply for an interim order (or both) will be dependent on a variety of factors/probabilities. If you had a legal advisor who originally advised you I would suggest going back to them, if not, I'd advise to get some advice from a couple more solicitors, settle on a course of action that works for you an if you can afford to do so appoint someone to represent you, if not LIP but pay for some guidance form the solicitor whose advice you are taking on board.
All the best.
@Daddyup Thanks for your reply and excuse the tardy response. I was locked out of here for ages but Neil has now fixed the issue.
Unfortunately I have no money for a solicitor, have been served notice on my rental and will be forced to move back in with my parents. I'd welcome any advice specifically on how to fill in either a D50k or a D11, also as I understand it a D50k is cheaper to submit, is that correct?
Hi,
There are some guides here on financial orders abd self representing
So sorry, its been going on for so long. It must be very stressful. If you are on benefits you can get help with the court fees. First you go to the www.gov.uk website for a form EX160 which you can complete online. You then get a reference number which you use on your application. Other sites may charge you for this so be sure to use the .gov.uk site. You can also look up the court fees on the .gov.uk website.
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