Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Divorce/separation

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

when divorce process is stuck but can't afford court

6 replies

Pegasus41 · 14/09/2022 11:36

My DP is going through a protracted divorce. Anything he can do?

-They have decree nisi. Started divorce proceedings a year ago.
-Ex is occupying family home. DP has moved out, now paying rent he can barely afford. He doesn't have enough money for a house deposit to buy a house for himself and their son for shared care of son without selling family home, which they own outright. He's having his son 3 nights per week.
-She is refusing to get valuation of family home.

-She seems to be time-wasting making false allegations that he has jobs that he doesn't have, as if he's hiding income (he's not and has accurately represented everything on Form E)
-He can't afford to go to court for financial settlement

There is a history of his ex coercively controlling him, which doesn't help to empower him in this process. His solicitor seems a bit slow on the uptake to me. Does it help to have an efficient solicitor who can really pursue things, or is it going to be much of a muchness with solicitors?

OP posts:
millymollymoomoo · 14/09/2022 12:27

The only way to resolve this is through FDH and FDR where courts could instruct the sale and could tahe over the sage if she’s obstructive

perhaps he needs to move back in ?

Rose7728 · 15/09/2022 10:16

i would get Cert from mediators to say she wont engage and go straight to Form A, my DP was in similar circumstances and wasted thousands trying to negotiate via Sol and mediation. Form A is about 250 to submit last time i looked. Got to court and ex decided to settle as they didnt want to air their dirty laundry in front of a judge so it does focus the mind of the ex. Good luck i feel for you in this situation

abigailsnan · 15/09/2022 10:32

Can your DP not get a one hour free consultation with a solicitor to outline his options as to where to go from here ?
My eldest son is going through a divorce and even though the house is now under offer he still lives at the property and will do until completion when he will move in with sister,she is not letting him have any thing from the property and he is not objecting to this.
She does however want to have half of his MOD pension along with maintenance for my DGD can he object to the pension request from her ? she has a £100k inheritance from her GM can he request half of this if she goes for his pension,he has no problems paying for my DGD every month.
So sorry to have hijacked the post on to another topic but I can't find the place to post.

DenholmElliot1 · 15/09/2022 12:52

Good advice from @Rose7728 - he can represent himself in court then he only has to pay for submitting the Form A plus any actual court fees. It's not complicated, he wants half the assets and an order to sell the home so that he can go ahead and house himself.

How old are the kids and how long was he married for?

@abigailsnan I think there are specific rules when it comes to MOD pensions. Is there someone in the services that he can get some legal advice about this - it must have come up before but I think that in the event of a divorce, part of the MOD pension is protected. Yes, he can ask for half of her inheritence (asking ain't getting though).

Pegasus41 · 15/09/2022 23:59

Thanks, that’s a good tip about Form A.
He was for 8 years, child is 7.

OP posts:
Milkand2sugarsplease · 16/09/2022 00:28

Go to court and represent himself.

We filled all the paperwork in ourselves for DH's battle. Court instructed his exW to sell when she wouldn't (she wasn't even living there). In the end the court gave her deadlines to get her own valuation (didn't believe the 3 valuations DH had got and was adamant it was worth 45k more. Then gave a deadline to choose an estate agent from the valuations, and a deadline for it to be on the market by.

New posts on this thread. Refresh page