Thank you again and again excellent advice. I really do appreciate it. How might I address it? the delay is because although divorce in 2001, separated in 99, my ex actually still come to the home I had purchased for me and our two children, until 2010. At which time he stopped. In 2011, I had mental health issues, anxiety and depression, and was on and off medication until 2018. Early 2019 I raised, with our kids, that I might pursue a financial claim as I hadn't a the time of our divorce and they didn't really like the idea. I contemplated it more, then I learned he was having a party to celebrate his 60th followed by a cruise so I waited until he go back from his cruise as I knew the news would be unpleasant for him. My reason for delay then is that although divorced we lived a version of family life until 2010 then I was depressed. Having taken medication and had counselling, I now view our non settlement and the financial responsibility for our children, that I shouldered to be grossly unfair. There is a huge difference, having had form E returned, between our financial positions. He was left to work unhindered, I worked but had to consider our children.
Would I put something like:
Should the fact that the Respondent lived a form of family life post divorce and until 2010 be considered in respect of the delay in bringing proceedings?
Should the Applicant's mental health between the years of 2011 be considered with regard to delay in bringing proceedings?
The delay in seeking settlement is less relevant than the needs you each have and the means you have between you to meet them.
If his financial position is better than yours because your ability to improve your position has been compromised eg by childcare demands or ill health, then that is a factor to be considered.
If you maintained an amicable relationship until 2010 did he contribute financially as well as just spending time at your property?
It would be perfectly reasonable to explain that you a: did not want to rock the boat and b: later developed health issues that meant you felt incapable of dealing with an application for financial remedy.
We spent time as a family, he visited whenever he wanted, he came to look after our children, work and leisure permitting, he contributed 100 per month maintenance. That is 12.50 per child per week and the amount stayed the same throughout their lives.