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Start using Mumsnet PremiumDivorce - Finance split case
(8 Posts)I'm actually trying to avoid the court proceedings. As they take so long and cost alot of money.
Since 2015, after a DV , I am a single mother who has built her whole life again with a child in a new city, and let H reside in the family home since 2015.
I moved out and away 4 hours.
Last year I had 2 massive heart attacks and have 2 stents put in. Doctors have told me to stay away from stress.
The divorce is in courts. I'm waiting for decree nisi, in a week or two.
Now the finance split is upon me.
I'm working part time now and on universal credit. I want to avoid court fees.
Can someone please help and tell me any alternative to court proceedings.
May be explain mediation process or the likes.
Do you think, its wise to contact my husband, on text or phone and ask him to save ourselves from stress by settling out of court.
Please advise.
I'm in a very stressful situation.
Personally I think it is more stressful not sorting it out. It is only stressful if you argue but you must have a legal agreement to go forward so it is binding.
I am sorry you have been ill. However do find someone to put your case forward. They will take the stress from you but no doubt you could contact him. Expect to still have to fight though. Would he just give you what you want?
Hi PP.
Yes you are so right these matters can get really messy.
Can a mediation outcome be legally binding?
To be legally binding you need a consent order. If you and your ex can agree the finances between you, a solicitor can then draw up the order and the courts will approve it (unless it is obviously unfair). If you can't agree, court is the only way to resolve it.
Thank you Bridge. It means a lot to me. It's a ray of hope.
Hi lovely ladies.
Need your advice please.
I got to speak to my solicitor and my H of 22 years although been separated for 5 years, coz of DV.
He said, if u only want 50% of share of equity in family home, then we settle it out of court through mediation and legsl consent form.
If you have eyes on my pension and the dads house I've inherited, then you can go to court for it.
The thing is that at the time of our wedding in our wedding agreement, which is a legal document, it is agreed upon that if the divorce is to happen, wife will get 50% of all he owns.
What shall I do now?
My solicitor thinks we should go to court.
What is your opinion?
Listen to your solicitor, they are the only person able to advise you. However, I would say don't back down from what you're entitled to due to threats from an abusive man. I would suggest you say you want no direct contact and to contact your solicitor for anything to do with the divorce.
redastherose
Listen to your solicitor, they are the only person able to advise you. However, I would say don't back down from what you're entitled to due to threats from an abusive man. I would suggest you say you want no direct contact and to contact your solicitor for anything to do with the divorce.
Thank you dear. U r right. I should just go with the solicitor and see how it goes.
Thank you so much for the advice.
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