Maintenance and mortgage

[Louisawright975]

I wonder if anyone can advise me slightly before paying out for a solicitor. My ex left quite some time ago but has recently moved in with someone else. He is now saying he wants a divorce. We have 2 young children together and a mortgage in both our names. He has no other children and has moved into the new gf house. She also doesn’t have any children. He was previously paying maintenance and half towards the mortgage but because I’m refusing to sign the divorce papers before a financial statement has been agreed in court (he wants me to sign the divorce and then sort out finances) he is now threatening to stop what he is paying. I was under the impression he needs to pay maintence and half the mortgage. Is this correct? He seems to think he doesn’t need to and will be speaking to a solicitor to find out his financial obligations. I will also be speaking to a solicitor but just wondered if anyone has been through the same or has some info they would share with me.

If you’re both on the mortgage then he doesn’t need to pay - he can stop and you’re liable for it. Clearly it won’t be in his interest to default but you’ll be expected to pay

Why can’t you sort the finances ?

You need legal advice.

Assets likely to be split 50/50 including house equity & pensions / savings and he pays child maintenance based on how often he sees the kids. Additional spousal maintenance is being granted less and less by the courts.

Also the consent order (financials) is often done when the divorce is through, so I wouldn't hold things up unnecessarily. It reduces any mutual goodwill and encourages the hiring of aggressive solicitors.

Oh ok thanks, I thought the financial side would be sorted first. Thanks for confirming it’s done in the actual divorce process

Whilst you're currently married, legally all assets and liabilities are joint.

Have a read below. Also google wikivorce

order can be applied for at the decree nisi stage of a divorce and becomes legally binding when the Decree Absolute has been granted in the divorce proceedings.

Maintenance payments and mortgage payments are dealt with separately.

Are you using CMS for maintenance, if not and he doesn't pay contact them.
As your mortgage is in joint names then you're both liable for the payment... so in theory yes he could stop paying on the assumption you will pay it all. However,
it would be silly of him to do this if you're not in a position to pay the full payment as it will affect his credit rating etc. I would tell him you cannot afford the mortgage on your own (unless you can).

You do financials between nisi and absolute. So sign papers, get nisi. Send in financials and get approved. Apply for absolute