what a mess .. Decree Absolute granted feb 2011 at this time had Consent Order agreed via solicitors and signed buy both parties but not approved through the court..ex husband decided not to remove himself from land registry documents and remortgage offer lapsed after 6 months.
in this time i suffered a broken leg resulting in 7 months off work major surgery required and rehabilitation had to claim on mortgage ppi which only paid half the payments consequently now have mortgage arrears and agreement in place to pay extra every month back.
my ex is now issuing Ancillary Relief procedings with legal aid funding as he is unemployed . my youngest child just reached 18 and looking to attend university oldest is 2 yrs from graduating both still at home with me.
i am paying all the bills and mortgage on matrimonial home will he be able to force a sale through the courts he stands to make 15.0000 maximum based on a 50/50 split if property sold and half my pension CETV 35.0000 has taken 4 years and still not sorted i am not in a position for legal help and cant afford representation how easy is it to self represent through the financial hearings as i have allready got a 3500 bill of costs for previous work done.
many thanks for your reply how would that apply if i now have to sell the property? would it be possible to ask judge to consider the previous agreement as it was not rubber stamped by the courts but was signed and agreed by both parties. would they be aware of xydhias agreement ? and where if anywhere can i find more information about them? again many thanks for your advice
If you google Xydhias v. Xydhias you''ll find the law report and a number of commentators on it. You would apply for a financial order and ask for an order in the terms which the two of you had signed. Most likely the Court will just rubber stamp it.