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In Process of Divorce

  • ChangingmaN
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10 Nov 23 #522049 by ChangingmaN
Topic started by ChangingmaN
HI all, new here, so a quick background on my situation.

Separated from ex beginning of March 23, after " No one wants you here" thrown at me, things plodded on , got to see my son, 11, although on her terms whilst she was at work. I had a mental breakdown , which resulted in me been a dick, long story short, now have a 5 yr restraining order against me, false accusations of DA, and only until a week ago saw my son for the first time since the event. Now i started divorce, in April, ex delayed signing by a week, I can only contact my ex about divorce, financial and child arrangements via a solicitor. So first email sent, no response, hard copy of letter sent, no response.....you seeing the pattern. Im on a road back to a breakdown again as there is no cooperation and no responses. So here's the other part...

The house she lives in with my son, is in my sole name only and so is the mortgage, which i am still paying, i am also paying all the household bills. I have not been hit with CMS yet, but fearful once i stop paying household bills then i will be. Therefore my ex , who works does not pay a penny towards the house, i cant afford a place of my own and currently crashing at parents or friends houses.

Suggestion is MIAM next for both finances and CA, but this will be signed off cos she will allege DA, MIAm will cost me, so only options left is to court.

To All, any advice , i really need it now , cos ex is still controlling the situation

Many thanks for taking time to read

  • hadenoughnow
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11 Nov 23 #522051 by hadenoughnow
Reply from hadenoughnow
Conduct is very rarely an issue in financial settlement. The first consideration is needs and the means you have between you to meet them.
You need to have attended MIAM to make an application to court for financial remedy. It may be you could claim exemption because of the DA allegations and go straight to court.
You would then be subject to the court process with which you must both engage.

How big is the property? Why is it in your sole name? What's it worth and how much mortgage is owed? Are there other assets such as pensions to consider?
How old is your son?
How old are you both? What are your respective incomes?
How long is the marriage (+ cohabitation).

It may be worth checking the child maintenance calculator to see what your liability would be or have a chat with CMS. Whilst you do need to maintain mortgage payments to protect your credit rating, it is usual for whoever stays in the property to pay the bills.

Hadenoughnow

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