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Hearing 28th August - Divorce finances

(7 Posts)
Tillytrouble Sun 12-May-13 21:40:31

We've been unsuccessful for the last 2 years with solicitors and mediation. So he's taking me to court on 28th August. Can anyone tell me..... will lawyers still try to mediate towards agreement before then, is it likely to actually go into court, I don't know whether I should bargain with him or see it through and let the judge decide? I'm so completely fed up with the whole thing.

babybarrister Mon 13-May-13 09:54:37

the family procedure rules themselves put on opbligation on both sides to continue negotiating - you have to set out your open position at least 14 days before the final hearing.

you should always continue to negotiate although once the day of the hearing has arrived clearly you will need to use that time itself in front of the judge and no judge is going to let you both carry on negotiating such that if there is no agreement that there is no time for the hearing

there is always a litigation risk so as I frequently say to my clients - BOGU - bend over and grease up grin - I am nknown for being fairly frank talking!!!!

RedHelenB Mon 13-May-13 13:40:30

What I did was know what I wanted (ie to take over the mortgage & keep all the equity), then ask my sol what he would advise my ex & sort of meet in the middle if necessary. The longer the legal process the less money to divide & the more stress to both parties.

RedHelenB Mon 13-May-13 13:44:25

What I did was know what I wanted (ie to take over the mortgage & keep all the equity), then ask my sol what he would advise my ex & sort of meet in the middle if necessary. The longer the legal process the less money to divide & the more stress to both parties.

Tillytrouble Mon 13-May-13 17:01:27

thanks ladies, I can't afford to take over the mortgage, so I know the house will have to be sold, heck I cant afford to live here until 28th august, (Ive just asked mortgage lender for a payment holiday, waiting to hear).

Is it detrimental if I put house up for sale before court, Im worried confused

RedHelenB Mon 13-May-13 17:23:36

Not if you both agree it needs to be sold. I can't see your ex wanting to keep paying the mortgage for a house he doesn't live in.

MatureUniStudent Tue 14-May-13 20:04:33

can you make it interest only? I'd hold on to the house until after the hearing and the financial order is made. Get an interim financial order to tide you over? so he pays something towards maintenance? Your other post struck such a chord with me, we are almost twins.

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