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FDR in the morning ex instructed a barrister!!!

  • Nearly over
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16 Mar 15 #458083 by Nearly over
Topic started by Nearly over
I''ve just found out my ex has a barrister tomorrow morning at the FDR

We are literally arguing over nothing
10k debt,no pensions a house worth 65k with a mortgage on 60k
Two children 6 and 7 I wish to remain in property with children ex wants property sold at all costs
Can''t remortgage as I don''t work and was declined a mortgage
I''m so upset I''m self representing while he''s hitting me with the big guns I''m terrified!

What exactly does a barrister do at the FDR that his solicitor can''t?

  • .Charles
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16 Mar 15 #458084 by .Charles
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Don''t worry. The barrister will play hardball but ultimately the FDR is meant to be a negotiation therefore there has to be some civility otherwise there will be no agreement.

Look to the judge for guidance and if you don;t understand you should say so and keep saying so until you are happy with the explanation.

It sounds as though your case is a need-based case which means your needs and those of the children are put first. However, if it is no financially viable to remain in the property you may have to come to terms with that.

On the face of it you cannot pay the mortgage but you want to stay in the property - do you seek for your ex to pay the mortgage? If so, will he have enough to support himself? These are all questions that will arise.

Charles

  • Gillian48
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16 Mar 15 #458086 by Gillian48
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When I had my FDR my ex had a barrister I didn''t it was a bit intimidating but I stuck by my guns knowing we wouldn''t agree - so it went to a FH.

If you negotiate and can''t agree it will go to a FH - so I presume your stbx has got a barrister hoping it will encourage you to agree and settle but if you''re not happy you don''t have to.
Most judges will help if you''re struggling.
Good Luck.

  • MrsMathsisfun
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16 Mar 15 #458089 by MrsMathsisfun
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Although this appears a needs case its slightly more complicated due to your live in partner and new baby meaning your stbx is hoping a court will consider your cohabitation is already a trigger event.

  • Nearly over
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16 Mar 15 #458090 by Nearly over
Reply from Nearly over
Yes cohabiting partner with new child
Partners not been self employed long enough to get a mortgage and only earns 13k a year also the damage ex did to my credit rating after separation is also a factor as to why I''ve been declined a mortgage

My Mortgage is £300 a month half of that for private rent in my area and can afford to do so as I did pay it myself for a year.
He lives in a £600 rented accommodation with girlfriend and a joint mortgage capacity of 196k

A solicitor who I''ve been paying as I go and now getting free advice to me to dig my heels in at all costs (each appointment now)

But still a barrister at FDR when we have nothing!!!'' All for his name being on the mortgage?
Regardless I cannot agree to sell as it would make up homeless so what is a barrister at FDR going to do?

Is he simply testing the strength of his case by using a barrister
Testing the water before he decides to settle or not?

  • WYSPECIAL
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17 Mar 15 #458093 by WYSPECIAL
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His name being on the mortgage will probably seriously erode his mortgage capacity or prevent it all together.

Do you have a plan in place for when you might be able to get a mortgage with your new partner?

maybe trying to buy time will be more successful than an open ended arrangement that houses your new family but ties your ex.

  • MrsMathsisfun
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17 Mar 15 #458096 by MrsMathsisfun
Reply from MrsMathsisfun
A barrister is actually financially a better option than a solictor in this situation.

You say there is nothing to fight for, isnt your ex paying sm at present? He wont want to be continuing paying that whilst your new partner continiues to benefit from not paying loads for rented accommodation and your last offer didnt even give him any future financial benefit just a '' open ended promise''.

I think he has a lot to fight for and actually what in his position would you do? Give up and continue to pay for your exs partner to live cheaply whilst you waste money renting?

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