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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.

Help and advice - financial settlement remortgage declined

29 replies

Freedomplease · 07/05/2024 12:55

Some advice and any please. I’m 5 years down the line of trying to get divorced, DH has a mortgage with his Dad and Brother (complete nightmare) I was living in the house from start of the build until I left (he had an affair) 17 years later. Paid bills etc and have 3 children together.
5 long years of trying to get this sorted and we reached an agreement on a financial settlement, much lower than I feel I’m entitled too and should be getting but at this I actually just want out with something to help sort a future. However….he has now tried to remortgage (along with brother and dad) and it has been declined. I have no idea what to do next, where to turn and how I’ll ever get this resolved. I’m renting a house with my children living with me and don’t have any money for a solicitor so feel a bit lost and unsure what to do.
any help would be gratefully received, if you need more info happy to answer questions, I realise I’ve typed this out super quick in my panicked state.

OP posts:
Mumof3confused · 09/05/2024 19:46

I think you need to start court proceedings. They will force a few things such as disclosure etc and you will get an idea of what they would decide at the second hearing, then you can try to settle based on that. If his dad can’t get the mortgage why don’t the brothers remortgage without him?

Freedomplease · 09/05/2024 21:17

Mumof3confused · 09/05/2024 19:46

I think you need to start court proceedings. They will force a few things such as disclosure etc and you will get an idea of what they would decide at the second hearing, then you can try to settle based on that. If his dad can’t get the mortgage why don’t the brothers remortgage without him?

Thank you, I didn’t realise you get an idea of settlement figures at the first hearing, that’s good to know, it’s a good guide for an out of court settlement, although I can’t see that happening now

OP posts:
Nimbus1999 · 09/05/2024 21:49

You’ll be surprised - if they stand to lose out by going through the whole court process, settlement might be a more appealing option!

Mumof3confused · 09/05/2024 23:01

At the first hearing they just do some admin - what are the known details, what are the unknown and then you get told to go and get reports etc regarding the unknown bits. At the second hearing (FDR) the judge looks at everything and tries to help you come to an agreement and will give you his opinion on what way he thinks it should go. You can self represent to the FDR, then it doesn’t cost you money (but it’s time consuming and stressful to self represent).

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