For the first time my stbx seems to be lifting his head out of the sand.
We have asked for voluntary disclosure and his solicitor has got in touch with mine to say they are willing to start this.
I have completed form E in full and as my ex and I had nearly everything "joint" I am aware of his debt position and of mine.
The bottom line is I have more personal debt that he does,the assets do not cover the joint debt and he owes our joint company approx 20k.
His solicitor has tentatively suggested I take the house in exchange for my stbx having a small lump sum to cover his debts. His debts are: approx 25k on credit cards and on a joint loan. Mine are approx 55k.
There is a max of 9K to split in the house.
Would it seem fair to him for me to say I will take the house in full. After all that leaves me worse off by 21k (matrimonial debt)than him. I also expect to have to cover his 20k in the company.
But to get rid of him I would be willing (begrudingly) to pay him half the house.
Is there a chance a court would award him more than half the assets. He has a new house with his partner and I have the 2 children for whom he currently pays nothing.
Now if we can come to an agreement and I am not counting my chickens what is the process? Does this go to court on a court order and if so how long does it take?
My personal experience is that it is a straight forward thing that can be made very difficult depending on peoples behaviour. Mine for example, the other side delayed the form E for 2 weeks, want everything despite me being penniless and have completed a form E that has little detail and does not account for thousands. On the other hand, some people exchange, come to an agreement, get it drawn up, agreed by both sides and rubber stamped by the court. Totally depends on the parties involved I'm afraid.
Sorry not to be of more use
In principle your proposal sounds fine, but as always it's difficult to comment without knowing the full picture eg income, length of marriage, pensions. You most certainly want to avoid court if the assets are only worth £9k.
When it's possible to reach agreement sols will draw up a document which is submitted to court with a simplified financial form and (with the court's approval) becomes a legally binding Consent Order.