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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.

Need info on divorce please

4 replies

user9217 · 20/11/2017 21:11

Was wondering if anyone has inside info/experience with divorce who could answer my questions.

ExH and I will have been separated for 2 years in June 2018. We have a mortgage for a shared ownership property and 1 child together. He moved out when we split last year..

My questions about proceeding with divorce are, if I go through with it at any point, could he refuse the divorce based on claims he couldn’t afford it?? (This would be the only reason he would - he claims I already take too much of his money every month when in fact he pays me CM for our DS and still pays a little towards our mortgage)

If I wait until after the 2 or 5 years can they just make him pay? Or set up like a payment plan or something? Or will he just be able to claim he can’t afford it and I end up tied to him by marriage forever? Thanks in advance!!!!

OP posts:
MrsBertBibby · 21/11/2017 06:50

No, and no. You can get a divorce now on unreasonable behaviour, or in 5 years on separation whether he likes it or not.

You need his agreement for a 2 year divorce, so don't waste time with that.

A court may or may not order him to pay you maintenance on top of child maintenance, depending on your need and his ability to pay.

user9217 · 21/11/2017 17:32

Thanks. So just wait the 5 years so he can't object?

OP posts:
MrsBertBibby · 21/11/2017 18:57

Or go now on behaviour, he is unlikely to defend successfully.

Sounds though as if you need proper advice on finances.

user9217 · 27/11/2017 23:00

Thank you 😊

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