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Final hearing coming up(2 Posts)
After over two years of battling we are counting down to the final hearing.
The judge in December suggested that the likely outcome would be me staying in the house with the children with a deferred sale and Ex having to find somewhere of his own.
The situation has dragged on so long now that I can’t imagine staying in the house. It will just cause bitterness and long standing hatred between us.
I am now more than happy to sell and move on make a clean break and start over. This does mean renting but quite honestly the kids and I need somewhere to call our own and feel safe in.
As the respondent there is little I need to do for the final hearing but want to put my thoughts to the judge prior to the final hearing. Can anyone help me on whether this is the right thing to do or the format I could follow to do so?
Many thanks in advance
Do you have legal representation and have you had legal advice?
And have you made the offer to your ex to sell the house and split the proceeds?
You can make an offer to the other side at any time, you don't need to wait for the Final Hearing. It's not the judge you need to make this proposal to, it's your ex. If he agrees, you won't need the final hearing - instead you'll get a solicitor to draft a consent order, send it to court, and a Judge will approve it.
HAVING SAID ALL THAT - it doesn't sound, based on what you've said, that sale and a clean break is actually in your best interests. Judges are typically reluctant to make Mesher orders (where one party stays in the house and it is sold later) so the fact that the judge at FDR indicated that was the most likely outcome suggests to me that you're in a vulnerable financial position and need to stay in the home for now. I would strongly suggest you get some legal advice, it sounds like you're in a precarious position and need proper information from a professional. I would strongly suggest not making any offers to your ex until you've had that advice, because if you do, and he says 'Snap!' - that's that.
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