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FDR adjourned advice needed please.

  • Kevinsc
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25 Nov 17 #497823 by Kevinsc
Topic started by Kevinsc
Hi,
My FDR was adjourned after the judge made a finding for my ex to decide
If she wanted to accept.
All questionnaires done. I have made numerous offers since the judges gindings, with no response.

I have now had a letter from her asking me what mortgage I can acquire.
I feel this is irrelevant as the judge made his findings and she has had the chance for questions.

Am I correct to refuse bearing in mind I have sent 5 offers with no response. In effect I am negotiating with myself.

Not sure what's next FDR resumes in one week.

Thanks for any help.

  • hadenoughnow
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26 Nov 17 #497829 by hadenoughnow
Reply from hadenoughnow
Mortgage capacity is an important part of the equation. You should each provide details of your ability to obtain a mortgage. This is usually part of the order made at first appointment.
If negotiations are to be meaningful, you really need to provide this sort of information. You should ask for details of her mortgage capacity in return.

Hadenoughnow

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27 Nov 17 #497841 by Kevinsc
Reply from Kevinsc
Thanks for that, I do understand it is important in some cases however I have agreed to stay on the mortgage for the FMH until both kids are 18 in return for 35% equity which is basically 10k.

The other thing is I have agreed this even though she got engaged in 2014 (we have actually been seperated 7 and half years) this guy has lived with her since 2013, and according to my solicitor which by the way I am now not using due to costs I have undisputable evidence

She has denied this throughout due to the fact the last 6 years she has been claiming single person benefit .

The reason I am not using solicitor for this one is so I can save for a barrister at the final hearing.

I can’t get another mortgage if I stay on that one and we have had the FDR and the first directions hearing.
And this issue never came up before, I don’t feel it is relevant at all, I’ve done one for myself with the mortgage of the FMH and one without .

My feeling is that if what the judge said before the he adjourned the FDR is not agreed I will go to the final hearing.
Been trying to sort this out amicable for 7 years now, the only way in the end was to start court proceedings as the only answer I got from ex is that she says she is untouchable.....

I have the kids 3 days a week with court order but was told yesterday by my ex “good luck for Christmas” so I asssume that means I won’t see the kids over Christmas.
I just want it over and have given in to everything to avoid final hearing I have nothing to hide but just want it over.
Also when I issued court proceedings and we had a date for the first directions she decided to get a 12k loan and buy a car for £14000. I am very confident that everything from her form E has been lies and I have proof of all this. I just want an end to it for the kids sake.
Sorry for rambling and thanks for your reply.

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