Went to mediation last year, only initial first meeting. Ex only provided payslips and refused to answer most questions.
Now several letters back and forth, I earn a third of his wage and the main issue is equity of property our children want to live with me. The pot is not large but ex is just saying 50 /50 tough fight it if you want but you're not getting more.
My solicitor is saying since its been a year since mediation was used we need to go back but TBH i am really against this as i know my ex will just go thru motions with no intention of negotiating.
Can i just apply to court ? as we have asked for vol disclosure he won't form E he won't.
How hard is it to self represent ?
Financial settlement on divorce is needs based. The housing needs of any children are a priority. If the children and parent with the majority of care need more than 50% to be housed adequately that is a good reason for a departure from equality. This may be e.g. because the parties have different incomes and mortgage capacities.
The money may only be used temporarily; there can be an arrangement to sell the house and split the equity once the children are independent.
You do need sign off from a mediator before you can apply to court. This needs to be current (less than four months). This may be obtained via us quite inexpensively.
It is perfectly possible to self rep but it is important to ensure you understand the process and have a realistic view of possible outcomes. You can get lots of help here. We also offer a range of low cost services to support litigants in person. Give the helpline a call to see how we may assist.