I have just started my own divorce. All is going ok so far, ie she has just agreed to one after 3 years. Does anyone know if we can see the divorce through and still have the house in both our names to be sorted out later when the kids grow up and leave ?
Or does it have to be sorted now?the divorce papers are about to be sent off.
Neither of us are paying a cent to any solicitor and its all being done between us.
It is normal practice for an application for ancillary relief to be made in the petition and sorted out as part of the divorce process.
Although it is possible to divorce first and sort out the finances later, there are a number of risks. and they are :
(a) If no claim for ancillary relief is made in the petition, then it is possible to apply later, but it is necessary to get the leave of the Court. If leave is refused, you are up the creek without a paddle.
(b) Any delay in applying for relief is potentially prejudicial to the case of the person seeking it.
(c) If either of you re-marries after the divorce without having made a claim for ancillary relief, the right to apply for relief is lost and cannot be revived ( section 28(3) Matrimonial Causes Act 1973 ).
i'm glad to see you are both able to sort things out without solicitors fees, but you should have a firm agreement about the house, there is no reason why your plans can not work,as it usual for the mother to stay in the house with children,once their schooling is finished the house can be sorted,perhaps sold and split equally.I myself am in a precarious situation with the house,both names on it.he wont discuss anything less than 50% share even though he has since bought a house in ireland where he been livinglast 7yrs. no ancillary relief was ever applied for,so i have just carried on. I have been given some advice on this site,maybe 3 options.house sale out of the question as i wouldt have enough left to provide a home for myself and daughter 18yrs at uni from home. I also need advice on how to make a claim for the house under the divorce law. but i wish your family all the best and well done for such a amicible split.!!