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Hello
I'm writing on behalf of my partner, so I'm not a dad, he is! Hope this is ok as he's lost the will to live on this issue. He got divorced from his ex wife two years ago - they used mediation to draft up a consent order regarding maintenance for their two children (now 6 and 9) and the house which has a joint mortgage in their two names. The mortgage was obtained using 100% of my partners finance. The consent order which was never made legally binding requested that his ex wife obtain a mortgage to buy him out of the house - giving her an agreed 60% and him 40% and that he would continue to pay CSA maintenance payments. She has yet to get a mortgage, twice saying she would and then not. Whilst this goes on, my partner is having to pay an extortionate amount of rent on a two bedroom flat - according to ex wife she must have a minimum of three bed house so that the two children have separate bedrooms (one boy one girl) but my partner can't afford a bigger flat. Her mortgage payments are nothing compared to his rent. Another matter is that she has moved a new partner into the house and had a baby with him so the two children now share a room anyway! My partner went to solicitor to draw up consent order saying that 40% would now increase by 0.5% every 6 months in the hope that this would motivate them to get a mortgage and buy him out so that he can move on and remove his name from the current joint mortgage. She agreed in principal so they cancelled the court date, she has now told his solicitor that she will not sign it. Help! My partner is completely stuck as to what to do now. If he agrees to original consent order, I can't see them getting a mortgage in place before their youngest is 16 which is another ten years and completely unreasonable. Should he take her to court and what happens? How much could this cost? Any advice appreciated - I find it sad that two people who simply fell out of love can end up in such an unnecessary battle and that a woman can be this selfish and unreasonable.....
Hi there,
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Posting for your partner is not an issue we welcome everyone here 8)
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It's unusual for a divorce to go through without the finances being sorted, it does happen and my divorce was done this way, when the amount was agreed in mediation was this done before the divorce and what was written into the divorce regarding the finances?
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I would imagine that your partner is in a strong place if he took her to court with the fact that she has moved a new man into the house.
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GTTS
So my partner assumed that his ex wife would divorce amicably, because they'd been together 20 years and had two children together. Never assume....they went through mediation, this didn't work. He wanted a quick divorce so that we could get back together ( I split up with him because he wasn't ready for another relationship and he wasn't divorced etc) and then they agreed a consent order on the principle that the ex would get a mortgage and buy him out. This consent order was never made legally binding by a judge and no mortgage has been put in place. This is why now 2 years on, he is nowhere nearer to seeing any money back out of the property or getting his name off the mortgage.
I don't know whether the courts/a judge would consider the new partner and baby....
Hi, if you apply to court, both parties will have to provide full financial disclosure and then the court will look at both parties housing needs for the future. I'm not certain how much her partner's income could be taken into account as he is not a party to proceedings, having said that, it will put her on a different footing if she's not a single parent I would have thought. The court can then make an order based on your finances and statements.
I would advise getting some legal advice on the matter. Perhaps if your partner makes clear his intention to submit a court application she might action something very quickly rather than go through this process.
You can represent yourself and an application costs £215 ( I think, I don't really deal with finances I'm afraid) but I would advise taking some proper legal advice before you go down that route. The local CAB will hold details of solicitors who offer free 30 min consultations.
If you can't afford a solicitor, have a look for a lawyer qualified McKenzie Friend with experience in financial applications. There are quite a few ex solicitors that act as MF's these days. One of our members or mods might be able to recommend someone if you want to try that route.
Wikivorce might be a good website to look at too. Good luck!
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