I'll be homeless with young child

[melsleeve]

Hi all. Ex filed for divorce. Conditional Order is to be read out in court in 2 weeks' time. I'd like to apply for a stay on proceedings to prevent him from applying for a final order.

What reasons are accepted by the court when applying for a stay on proceedings through D11 please?

Ex refused to share form E and has been mute about finances. He owns the house solely and I'm afraid when my Home Rights end upon divorce, he would sell and not inform me. He has moved abroad and would 99% sell. Take all the money and never return. If it all goes to his plan, I'll be homeless with our young child by end of April.

I can't afford a solicitor and don't qualify for legal aid either. Any advice is appreciated please.

You need to find a way to get legal advice.

Can you try CAB for advice or find a way of paying for a couple of hours advice?

I unfortunately can't afford an hour with a solicitor. I was quoted £300+.
I have called various solicitors for free advice, however, they've not been helpful with answering my specific question. Most have just talked me through the divorce process, which I am aware of anyway.

How long have you been married and when did he buy the house?

Married since 2016. Share a young child. He bought the property 3 months before we married with the intention of it being our family home. DC and I live in the property whilst he moved out.

If you've been married 7 years the property would be considered a joint asset in the U.K. (less sure on Scotland). Is that where you live?

Yes, England.

You need to get legal advice.

Is there any chance of him seeking custody?

Have you put a charge on the house to register your interest?

I can't afford a solicitor, unfortunately.
I don't think so. He isn't interested in DC at all.

Shelter or citizens advice may help with free advice

Have you tried ringing this number (screenshot)? I rang and they were quite helpful. You need to submit the form to delay the final order, giving the reason as the finances not being agreed.

Thank you. Can I ask if you have applied for a delay on final order?

OP have you filed a form A with the courts?

If you can't afford legal advice are you not entitled to legal aid?

No. What is it?
Ex is the petitioner in Divorce and I the respondent.

That's rude asf. Op hasn't been aggressive in her responses, she's come on asking for help ffs. Honestly some people just love to stick the boot in, wonder if they'd talk to a family member or friend that way.

I earn just above the threshold.

Try Wikivorce as they may be able to give you some free advice.

Also try your local university as they sometimes take on cases for free for their law students to work on

You need to apply to put a restriction on the property's title to stop him selling it. Details here

Legal aid in England is only available in cases with documented DV and this has been the case for years.

Honestly can you not get a credit card and pay for the legal advice that way. Then pay back once you’re in a less precarious situation.

@melsleeve

No I haven't. I applied for my divorce online as a sole applicant, partly because I'm not on our deeds and I want to have as much control as possible.

I'd ring that number, explain and ask what you need to put on the form to ensure he can't put in for the final order before getting the financial order agreed. To sell the house with you and your child living there and him being abroad would probably be quite difficult for him, even if your HR1 notice ends.

You can often get a first consultation with a solicitor for less than £300 and, once you know what you are entitled to, you can then do what you need to do yourself. I think my first consultation was a fixed fee of £150. There’s lots of advice online - Advice Now guides, asking questions on here and in the legal matters forum.

You can't afford NOT to get legal advice op, you are likely entitled to a share of assets, you must get a fair financial order for your kids sake, even if you have to go into debt for the moment.

Don't rely on wikivorce or unqualified advice here.