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Has anyone mediated whilst applying for ancillary relief?

(7 Posts)
BamboozledByPaperClips Thu 16-Mar-17 21:57:26

Stbxh has pretty much stalled for the last 5 months. Refuses to discuss finances, he's completely stalled on financial disclosure.

I've started mediation with the sole purpose of going to court, because I don't believe he will settle without being forced to. My solicitor is fairly horizontal about it all. Mediator says it can run in parallel with mediation. Solicitor says it can't. Stressed is an understatement!

rightsofwomen Fri 17-Mar-17 07:13:54

I believe you cannot apply to the court unless you have attempted mediation or have an exemption, but negotiations may continue alongside mediation. I think you sol is wrong. Seems quite a basic thing to know so either I misunderstand or your sol isn't up to the job.

MrsBertBibby Fri 17-Mar-17 07:23:09

If mediation is ongoing you won't get your form A signed to enable you to issue, so in that sense your solicitor is right.

Mediation can run in parallel to court proceedings, buT it would be pretty pointless. The usual response would be to stay the court process whilst mediation went ahead.

BamboozledByPaperClips Fri 17-Mar-17 19:53:55

Why would it be pointless to at least start the process whilst mediating?

My issue it that our family home has/is sold. We've negotiated a long completion. And that date is soon approaching, meanwhile stbx is refusing to have any serious discussions on finances in the hope that I change my mind on the divorce front. So I am keen to push forward and either agree a settlement or proceed to court. But he's stalling on all fronts and my solicitor is being pretty useless with it all.

MrsBertBibby Fri 17-Mar-17 23:51:47

In those circumstances, I'd say it was the mediation that was pointless, rather than the litigation.

There's generally no point in doing both at the same time. They are two different ways of getting the same job done.

RedastheRose Fri 17-Mar-17 23:56:30

Change solicitor if you don't feel you are getting the correct advice. Ask around for anyone who has through a difficult divorce and who they would recommend.

BamboozledByPaperClips Sat 18-Mar-17 20:36:53

My understanding was that I'd have to mediate before going to court. So I'm mediating purely as a box ticking exercise to show willingness on my part to reach an agreement.

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