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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.

How to get ex to engage and fill in forms

6 replies

Soopermum1 · 20/08/2018 21:03

Ex has form for cutting off his nose to spite his face. So far, I have done everything and paid for everything to progress the divorce (including having papers served and lawyer chaser letters.

What can be done to get him to engage? Is this just a one way road to court? If we go to court, will he be made to pay for some of it? Will it look unfavourable that he hasn't engaged?

He has made noises about wanting his day in court and I'm worried I will end up paying for it all.

OP posts:
MissedTheBoatAgain · 21/08/2018 08:51

To OP

Your ex sounds like mine. Did whatever they could to be obstructive from the day I filed for Divorce.

Marriage Certificate disappeared. Ignored the Court Order for Disclosure. Jumped from one solicitor to another (4 in total) and there were 3 cost orders awarded in my favour due to aborted emergency maintenance hearings.

As the Final Hearing loomed their statements and claims became worse. On day of final hearing they produced a letter from a Doctor that a chronic back condition that they had had for 9 years prevented them from working! Bit odd considering they had attended a Gym 3 times per week for previous 6 years!!!!!!!!!!!

Did not take Judge long to work out who the trouble maker was. Judge decided what a fair settlement would be and then deducted my legal costs to reflect that Ex had been obstructive.

Outcome was that Ex received a lot less than the offer I had made almost 2 years earlier.

Soopermum1 · 21/08/2018 14:17

Thanks for that, it's reassuring to know. I'll make sure that I spell it out to him that costs could be awarded against him if he continues to be obstructive. Not sure how I'll be able to afford to get it to court in the first place (no legal aid, though there is recorded DV)

OP posts:
MissedTheBoatAgain · 23/08/2018 04:04

To OP

Sad to hear about the DV. Hope you are safe now. Have you been to Citizens Advice for help on Legal Aid? Maybe post on the MN Legal forum for help?

Soopermum1 · 23/08/2018 07:56

The split was 2 years ago, following DV. I'm safe and happy now, and want to get on with my life.

I can't get legal aid as I am over the earning threshold to receive it. Doesn't mean I have tens of thousands to spend on going to court either Angry

OP posts:
MissedTheBoatAgain · 23/08/2018 08:35

To OP

If your Ex has greater means than yourself maybe he can pay your costs under a Legal Services Order. Might sound strange that one person pays the other's costs, but any assistance will be taken into account when settlement is made.

Think you need to seek professional advice.

Good luck and don't be afraid.

Soopermum1 · 23/08/2018 08:44

Our means are probably about the same. I do have a lawyer and am slowly paying my way through the system but by bit, so can just about afford a reasonable divorce, slowly, but I can't afford and don't want to pay for exH being a dick. I could even understand if he wanted to play hardball to get the best financial outcome for himself, but wasting (my) money, just to be a dick, seems crazy.

OP posts:
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