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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Divorce advice please

6 replies

frowner · 07/01/2013 09:40

Hi I would greatly appreciate any advice you may be able to give me as I'm trying to help my sister.

My sis recently found out her husband has been having an affair for the whole 8 years they have been together. She wants a divorce and has started proceedings, papers are just being prepared.

They have no children (they were about to start fertility treatment) but own a house together. He has refused to move out and has refused to meet with her to discuss what will happen with the house, he has also refused mediation.

She is continuing to pay half the mortgage but has had to find alternative accommodation as cannot stay in the same house as him.

She has tried to arrange to meet him several times so they can decide what to do about the house but he is unwilling. Where does she go from here? All she wants to do is move forwards with her life but while her husband is being so difficult regarding the house she doesn't know what to do.

It just seems so unfair that having treated her so badly he still gets to go home every day while she has been forced out of her own home having done nothing wrong. Any advice greatly appreciated.

OP posts:
olgaga · 07/01/2013 09:51

At some point a settlement will be agreed - it's obviously going to be difficult if he refuses to discuss it, but she does need to make sure the mortgage payments are kept up.

I hope your sister is seeing a solicitor. In the meantime, you'll find helpful advice and links here.

frowner · 07/01/2013 12:46

Thanks for your reply and for the link. She is seeing a solicitor and paying half the mortgage. How will a settlement be agreed if he refuses to come to an agreement?

OP posts:
olgaga · 07/01/2013 13:41

If they can't agree it has to go to court for what is called ancillary relief proceedings.

frowner · 07/01/2013 15:59

Thank you for your reply and help.

OP posts:
STIDW · 08/01/2013 10:51

TO avoid confusion it it isn't actually called ancillary relief any more. Under the Family Procedure Rules 2010 it is now Family Remedy Proceedings.

STIDW · 10/01/2013 04:09

Sorry, that should be financial Remedy Proceedings.

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