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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.

Advice on separation

7 replies

cupcakegirl22 · 29/02/2024 10:37

Hi guys,

I'm currently in the process of getting divorced from husband. I have had mediation, which he has refused to go to and I have spoken to a solicitor. I'm just wandering what the next steps are?

We are currently living in the same house that we share a mortgage on (I can't afford to move out and he won't move out). My main concern is how we will share the children once we have sold the house, they are 6 and 4 years old. I have tried to be amicable and come up with various schedules, but he won't agree and says he will have them.

Basically my question is what can I do if he's refusing to go to mediation? I want to do a child arrangements order, but I know it takes a very long time to be seen by the court and ultimately it will be their decision about the kids. Before I submit the form is there any other avenue which can sort this out? I'm getting verbally abused by him every day in front of my 2 kids and I can't take living here much longer with him.

OP posts:
paperpickles · 01/03/2024 09:57

How much equity is in the house? That would influence the next step...
Also - how much money do you have for funding the divorce process and financial settlement? That can be a significant barrier.

Dartwarbler · 01/03/2024 10:05

General advice around process

Go to link in header to ADVICE NOW

They have great guides to download to understand your way through process and what you need to do

cupcakegirl22 · 01/03/2024 16:08

The house is a new build on help to buy scheme, we only bought in 2021 so not much equity. I’m happy to go 50/50 with him if there’s any money left from the house sale. It’s just he won’t agree on the kids and I’ve already paid for the divorce and paid for a MIAM, which he’s not agreeing too. I have had one more attempt with the mediation and if he doesn’t agree again I will apply for child arrangement order.

It’s just the mediation sounds much quicker than waiting for court, but if he won’t agree I don’t think I have much choice unfortunately

OP posts:
EmmW14 · 01/03/2024 16:16

See if this might help you figure out your next steps - https://iamlip.com/help-guides/ it lays out your options and what you can do next x
These guides are really good so check them out

Help Guides

Help Guides - I AM L.I.P

https://iamlip.com/help-guides/

Jandob · 01/03/2024 16:34

He probably wants them because has to pay less maintenance. You'll probably have to go to court over house etc if he's being an idiot. I think you can get him out but speak to lawyer. Make sure you have separate bank ac and think about the mortgage.

cupcakegirl22 · 01/03/2024 18:35

Thank you for your advice everyone, I will look at the sites you suggested.

OP posts:
millymollymoomoo · 01/03/2024 18:58

I hate this assumption that a dad sny wants their Ian children 50:50 so they can pay less maintenance!

no one ever says oh u bet mum only wants them more so she can get more maintenance ( which is actually often the case too)

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