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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.

What are the implications of divorcing before kids and finance are sorted?

1 reply

Soopermum1 · 24/10/2018 08:38

My ex just will not engage. Next stage is court, for which I have been quoted £42k.

Looking at my options.

One is to get a loan to fund court, which I would then declare as a debt that he'd be liable for half of.

The other option is to divorce without the settlements and let him sweat it out. The decree nisi is in progress and one of the benefits of being divorced would be that it would hopefully get him out of his denial state.

But what are the implications/ risks of this?

Some details...

He was removed from the house 2 years ago due to DV. I petitioned for divorce immediately after. 2 kids, 5 and 15 that he barely sees. He pays min CMS. I live in the mortgaged house and support myself and the kids with no help from him. My lawyer has written to him several times. No response.

OP posts:
MissedTheBoatAgain · 24/10/2018 08:48

If there was DV involved are you eligible for Legal Aid?

Mine cost £35K 2 years ago. So I can believe £42K if you have to take it all the way to Final Hearing through the Courts due to obstructive Ex as what happened in my case.

My Ex had 3 cost orders against them for time wasting and Hearings that had to be aborted. However, Judge at Final Hearing took them into account when making Order. It was a long 2 years due to non-responsive Ex, but it caught up with them at the end.

Paying CMS is all he is obliged to pay. Spousal Maintenance, if considered applicable, is a Court decision as opposed to CMS.

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