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Can you apply for an urgent court date?

(3 Posts)
Hermonie2016 Sat 18-Mar-17 16:19:06

Mediation failed as ex was very unreasonable.My solicitor has just applied to court for a hearing.

I live in martial home and ex is in rented.Since leaving I have had access to joint account.Ex has put an offer on an house using assets that he had access to.

He will need a large mortgage which will have to be funded from current income and means no money is likely to be a available in a months time.I believe his strategy has been to buy a house which takes over 50% of assets.Its unreasonable but suspect he hopes a judge would not force a sale as not "ridiculously" unreasonable, just enough to make the pot smaller for me and dc.I think he's tilted it in his favour so less assets and disposable income available.

Whilst waiting for a settlement I will not have access to money for current house as have a low income.What can be done to either speed up the court process or get interim payments? I will speak to my solicitor Monday but would appreciate any advice it would help to lower my worries until then.

Ex is a very high earner and a fair settlement would still give him a very comfortable lifestyle.He just doesn't want me to have a fair settlement as punishment for not tolerating his abusive behaviour whilst married.

Collaborate Mon 20-Mar-17 07:25:22

You can apply for an urgent injunction under s37 of the MCA 1973 but you have to show he is about to deal with assets with the intention of defeating your claim. There's not enough information in your post to say whether or not that might be the case.

Don't t take this step without getting legal advice (in the real world, not on here). If you get it wrong it might prove very costly for you.

MrsBertBibby Mon 20-Mar-17 08:28:05

Yes, s37 is dangerous territory.

You could also talk to your solicitor about maintenance pending suit / interim periodical payments. Or even a legal services payments order. If he's a very high earner.

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