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french holiday property

  • Maggie32
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24 Nov 07 #7604 by Maggie32
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My husband is delaying financial settlement. We have a holiday property in France. I have agreed for him to have it part of the settlement but he does not discuss finances although I have the Nisi. He takes his girlfriend every school holiday and says he will be violent if I go but this is the only opportunity for me to go. Is it possible to force a sale of the property irrespective of the divorce proceedings. I live in the matrimonial home and pay all outgoings including the mortgage taken out to buy the french property.:blink:

  • attilladahun
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24 Nov 07 #7609 by attilladahun
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Without details of the case one cannot predict whether H getting the french property is fair.

If it is -why do you take nonsense from him such as threats of violence.

You must understand that if H avoids reasonable efforts to discuss finances either by mediation issue Court proceedings. Mediation may be inappropriate if H threatens violence but at least the mediator can see you each separately and tell him such actions are wrong.

Remember if you file Form A and start the financial process through Court most cases settle at the FDR which is often 4-5 months after issue of proceedings. Sometimes it is sensible to issue Form A immediately after Divorce issues.

The is a Protocol which encourages the parties to exchange financial details before hte Court process starts BUT it is clearly can be ignored if H refuses to disclose or you suspect he will not be honest with disclosure e.g. supplying broad details of his girlfriends capital and income...

If the assets eg the FMH is going up in value rember the Court values at the time of the form E's and the application not when you separate SO delay can cost either party depending on their financial circumstances.

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24 Nov 07 #7617 by Fiona
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