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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.

Interim pending suit

9 replies

Fclondon · 18/01/2024 19:41

Hello everyone

A bit if background

My partner and I are divorcing and have already started proceedings. My partner moved out and renting themselves and we have no contact whatsoever (I’m willing they are not). I stayed in the marital home and paying all the mortage and expenses myself.

I was served paperwork this morning with financial dispute resolution and my partner is also claiming maintenance pending suit among other things

I was surprised to see this as we are both career driven and have relatively good salaries.
I earn £75k and partner earns £61k
no savings on both parts

marriage is short (4years and didn’t produce any children)

we are both litigants in person and can’t afford to pay solicitors at this point

what is the likelihood of the court awarding interim payments and support at the first appointment hearing?
surely with salaries like that we can support ourselves…

your thoughts would be most welcome

anyone had a similar situation and what was the outcome

OP posts:
millymollymoomoo · 18/01/2024 19:58

Pretty much zero

paying the mortgage etc offsets any rent you are having to pay
they have decent income and no ‘need’
do you have children ? if so they could claim cms.

why not move back in?

millymollymoomoo · 18/01/2024 19:59

Oh sorry reread and seen no chikdren

id say zero likelihood unless it’s impossible to cover mortgage on one salary

millymollymoomoo · 18/01/2024 20:00

For a short marriage, no children and both similar earnings it will either be straight 50:50 or you’ll be reset back to what you both brought to the marriage

Fclondon · 18/01/2024 20:34

See also this

https://www.mumsnet.com/talk/legal_matters/4983875-forced-house-sale-whilst-willing-to-buy-ex-partners-share?utm_source=brevo&utm_campaign=Mumsnet_OP_Update_Prompt&utm_medium=email

i am the one who stayed in the family home and paying all the mortage myself plus all the bills 🥲

it’s just so unfair and unreasonable

I paid roughly £40m for the deposit of the family home which is the only marital asset really

Forced house sale whilst willing to buy ex partner’s share | Mumsnet

Hello everyone I’m progressing with divorce proceedings and have already a set date for the first hearing. I received last week a notice of severa...

https://www.mumsnet.com/talk/legal_matters/4983875-forced-house-sale-whilst-willing-to-buy-ex-partners-share?utm_source=brevo&utm_campaign=Mumsnet_OP_Update_Prompt&utm_medium=email

OP posts:
millymollymoomoo · 18/01/2024 22:35

its highly unlikely they would be awarded Interim maintenance!

where is your divorce at? Are you near reaching settlement agreement? Is she using this as a tactic to try to get you to negotiate?

Mumof3confused · 18/01/2024 23:07

It’s nonsense. I’d ignore it. Is this your second hearing, ie FDR?

Fclondon · 18/01/2024 23:20

i tried to discuss and reach an amicable settlement between us even before she moves out and was fairly reasonable about… she didn’t listen to a word of it

moved out and been no contact since apart from the divorce proceedings that I am receiving via post and the courts

it’s not the second hearing no

First directions appointment scheduled in a couple’s of months time

she also dissipated the account of our common savings 2 weeks before divorce and spent almost £20k in handbags and luxury items

I have no words 😶

OP posts:
Mumof3confused · 20/01/2024 10:58

You will each have to fill in Form E and submit bank statements and you will be able to draw attention to the fact that she has spent all your savings on handbags. Make
sure she lists those as ‘assets on her form. Luxury handbags do hold their value if looked after.

ragdoll12345 · 20/01/2024 11:04

Until recently I worked in the Family Court on this type of application and very often the MPS box was ticked either in error or because the applicant didn't understand what it actually meant. When I saw this box ticked and it appeared it was probably an error I used to check with applicant, but that was just the way I worked as it often saved all parties an unnecessary hearing

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