A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Help please

  • Stingrayj
  • Stingrayj's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
27 Apr 12 #326822 by Stingrayj
Topic started by Stingrayj
Can anyone tell me please if courts are able to make orders regarding property before Final Hearing?
My ex has not responded to any orders from the FDA.
We have a property in Uk which is currently rented out, he will not agree to serving notice on the tenant so that my daughter and I can move back in. We have a property in Spain which my children are still living in while I am living in a room in uk trying to seek employment. That house has 3K arrears, soon to be 4.5k and the bank are beginning possession proceedings. I have received no money from him since November...not even any for CM. I have been refused JSA because they say I am not habitually resident. I''m living off loans from family and friends.
I was hoping the FH would be in June but is listed for August.
I didn''t know how I would hang on until June but now I don''t know what the hell to do.
The house in Spain is up for sale at a hugely reduced price but I suspect he would refuse to accept any offer as he will consider it too low.
The man is a gutless b****** who has chosen not to discuss anything with me and sits pretty in his house in Nigeria with his fat salary and his illegal wife and child.

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Member
  • Platinum Member
More
28 Apr 12 #326915 by LittleMrMike
Reply from LittleMrMike
As far as I am aware, the only relief that you could get before Decree Absolute is maintenance pending suit.

But, as every lawyer will tell you, getting a judgment does not automatically produce any cash.

If you get a judgment for the payment of money, it is sometimes possible to get what is known as a third party debt order, which might perhaps be useful if the tenant can be ordered to pay the rent direct to you.

It sounds like this may be one of those cases where an ex will not pay and in such circumstances the Courts'' main weapon is to make an order against the assets which is greater than it otherwise would have been.

LMM

  • LittleMrMike
  • LittleMrMike's Avatar
  • Platinum Member
  • Platinum Member
More
28 Apr 12 #326916 by LittleMrMike
Reply from LittleMrMike
There is also something called Reciprocal Enforcement of Maintenance Orders ( REMO ) but I wasn''t sure if it applied to Nigeria.

There''s an article about it in the wiki library. This article says REMO does apply to Nigeria, so the article may well be worth a look at.

LMM

  • Stingrayj
  • Stingrayj's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
28 Apr 12 #326936 by Stingrayj
Reply from Stingrayj
Thanks Mike I will look at that. I was told MPS would be pointless as stbx has at no point cooperated with any proceedings and insisting he would not pay any SM.

  • perin123
  • perin123's Avatar
  • Platinum Member
  • Platinum Member
More
28 Apr 12 #326959 by perin123
Reply from perin123
((((Sting))))

Can''t offer any advice just a big hug! Wish I could help you, there''s always a bed here if you''re really desperate!! xx

  • Stingrayj
  • Stingrayj's Avatar Posted by
  • Platinum Member
  • Platinum Member
More
28 Apr 12 #326964 by Stingrayj
Reply from Stingrayj
Thanks Perin xx
My rent here is paid for next 6 weeks at least so hopefully I will find a job soon.
Speaking to my solicitor on Monday so maybe get some more info from him. Knowing that country is under that REMO thing I wonder if it''s about time I got in touch with CSA with regards to support for my daughter.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11