I am the respondent in a divorce and I have been trying to get my soon to be EX wife to step up to the table and negotiate the finances.
I have vacated the matrimonial home and we have three children. I have my NISI however 6 months on and her Solicitor is still stalling for time to exchange the form E. I have had mine ready for ages. I have made offers and they have always been rejected.
She is clearly stalling for time and all this time she retains the home. The only asset I have is the home and I clearly cant get her to sell it at the moment. I want to force the issue and get this into the court. Can any one advise on this process and what I can expect.
Mine has taken 2 years so far despite me sticking to every deadline.
If she has the three kids in the FMH then there is no guarantee that the court will make her sell in the short term anyway.
Unless the home is deemed way to big for her and kids or she is clearly unable (even with maintenance from you) to be able to pay the mortgage...then the court is likely to let her stay in the house if at all viable.
You may end up waiting until kids are older before your equity is released from the home.
As respondent there is little you can do to speed things along. Just stick to your deadlines.
Her sol will not accept an offer until they have seen your form E as they need to get the full picture of your finances in order to advise her on whether the offer is fair.
i will be able to help with form E. I am currently waiting for fh which will be next easter its a long process and lies easily got away with
My advice is to use the people and resources on this very precious site
If i had found thid in march id of self repped for sure its a farce AR believe me i had 2 1st appt 2 fdr as he messed up so im left high and dry with 2 kids he swanning round
but thats another gripe
so if my experience is of any help to you i offer it willingly
Form A is the notice of intention to apply for Ancillary Relief? www.hmcourts-service.gov.uk/courtfinder/forms/form_a_1205.pdf
I think the idea is to apply for everything listed that you might want or be entitled to apply for, because you can't apply later for something you haven't given notice you intend to apply for in Form A.