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Re:stuck in middle of divorce, help please (1 viewing) (1) Guests
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TOPIC: Re:stuck in middle of divorce, help please
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stuck in middle of divorce, help please 3 Months, 1 Week ago
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Hello, Could anyone give me any advice as to what to do please?
Started divorce proceedings last july, filed for divorce in october, had to threaten my x with private bailiff to sign petition which happened in january. Nisi was granted in april, could apply for absolute from end of may but my ex is doing nothing about exchanging Form E. Had a rocky relationship since he left, now we on talking terms again, I keep asking if he has completed his which he says he has ages ago. Now it turned out he still had to send some updated bank statments, apparently he sent them 'ages ago'. My sol rang his, they havent had anything. Im keen to move on and have the finances sorted which probably gonna leave me in a very weak position but need to close this chapter and get on with my life. Sol saying that unless i file for Form A there is nothing i can do. Got some savings but dont want to spend thousands on court and solicitors fees. I told him about the savings since its gonna come out from the form anyway, thought it may give him an incentive as hes saying he is deep in debt (overdraft on current account, credit card bills and owing money to his parents) Offered a sum as part of the final settlement upfront, he doesnt want to take it. I understand that part of this Form A procedure is that if he fails to provide information by certain date court could send him in jail. I dont want that as he is paying the mortgage and child maintanence and without that i would be lost but cant see the way out.
Has anyone been in this situ, what should i do? I tried to talk to his mum when he failed to pay the mortgage some time ago (he changed jobs and now living with them) but they just dont want to know about it. Not sure what he is playing at, it would be his best interest to settle this with the smallest possible cost but it looks like i really dont have a choice. or do i?
Could anyone give me an advice, i just want to have it sorted.
Many thanks
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Re:stuck in middle of divorce, help please 3 Months, 1 Week ago
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Hi Haney,
You ask if anyone has been in your situation. Everyone's situation is unique but there are similarities because we are after all, human.
Your xtb may be all over the place mentally himself and unable to get a grip on what could be done and how to do it.
Unfortunately in such a situation and where you want to move on, there is little choice but to force the issue and apply for ancillary relief, ie issue the Form A to the court.
Before you do this you could try telling him in writing that you want to move on and sort it out once and for all, legally so that you each know where you stand and get on with your individual lives. Furthermore, the procedure is such that whatever you can't agree between yourselves and that has to be done via solicitors, will increase the cost.
Perhaps ask him if he thinks it is at all possible that you may try to agree the finances between yourselves directly and if they can't be agreed upon in full then at least the two of you would have defined the issues thereby saving stress, time and money.
I would also suggest that to save money you use your solicitor for advice and to deal with those matters you cannot handle yourself - it will keep costs down.
Good luck,
YA
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