Can my ex delay our final financial hearing?

[delboy1984]

We have our final financial hearing in September and I need it to happen. My ex is forcing me into some serious debt (I am paying all the mortgage on the family home she's living in alone) as well as my own rent elsewhere. She has stopped paying the mortgage as she says she cannot afford it (and is trying to force me into accepting her unfair out of court offer). My solicitor has advised me not to accept it and I am hoping the judge is fair come September. I'm not going to be able to continue paying the whole mortgage for much longer and I'm seriously concerned my ex will try to delay the hearing to try and force me even more into accepting the offer and push me further into debt (I am paying the mortgage on my credit card).

Under what circumstances can she delay it? We have been advised to get pension statements in advance but if she doesn't receive hers back is that something she can use to delay the hearing? Surely if she doesn't have a good reason they won't allow her?

Anyone with any experience please?

Anyone had any experience of being able to delay the final hearing or being on the receiving end?

No one can tell you exactly what will happen. I doubt it is easy to delay financial hearings. I do understand how stressful the long drawn out court processes can be and why, faced with that, you may be feeling anxiety about it all.

How far apart are you both on what you are asking for? Was no progress made at FDR?

Cancel your rental and move back in

This just isn't possible. It's not fair on the children at all.

Thank you!

No progress at the FDR. Ex is just not willing to negotiate at all (the same with the child arrangements). It may not be that much to the judge but it's quite a difference to us.

If you can no longer afford the mortgage and she can no longer afford it. Then the lender will start repossession procedures. Both your credit scores will be fucked.
Ask her if she's thought about that.

Unfortunately people can and will sometimes drag divorces out, but judges take dim views of those who don’t provide the requested info. I would doubt judges have a lot of tolerance for stalling techniques once things have reached them. Before that point, the amount of stalling people get away with is beyond belief.

Usually for things to end up at court there is at least one unreasonable party.

I take it your solicitor/barrister has advised it is worth pursuing to final hearing? And that the proposals are currently completely unreasonable? If that is the case, it’s a case of waiting I’m afraid. But your court costs have to be weighed against what you may gain.

Dont count on courts never awarding meshers btw, they are still awarded at times.

Banks take a long time to repossess nowadays I think so maybe a bit of research may allay your fears there.

She can drag this out and out

you may need to be prepared to take drastic action to resolve it … which could be moving back in

at the moment she has no incentive to move forward as everything is in her favour - you’re out, but still paying for everything . Why would she be motivated to change that?

OP my ex stopped paying for everything so I feel your pain. I promise you, once its all settled (which is be eventually) you'll be able to get the debts paid off. In the meantime, are you able to contact the mortgage company to ask for a payment holiday or other support to tied you over?

We had a payment holiday during COVID so can't get another. I have asked for an interest only mortgage until the hearing which was agreed by the lender but upon finding this out ex cancelled it.

If you can't afford both properties, you will have to move back in.

This is assuming there was no abuse either way

The children come first and we just can't live together. It's not fair on the children.

I'd move back in.

Why did you split up?

Has your girlfriend moved in with you yet?

He's got a new girlfriend.

From what you have written, what other options do you think you have?

If she's living in the house and has the ability to pay then the Court can make her pay.

Happened to my ex, she was made to pay the mortgage on the FMH for the last few months we owned it.

She cant stop you moving back in in the meanwhile unless she goes to Court.

Failing that can you arrange anything with your lenders?

Plus your new girlfriend won't like it if you move back in with your wife.

Dies t matter if he has a girlfriend

He be still shouldn’t pay all this when his ex pays nothing and us stringing it out

the only way this will get resolved is if op moves back in. But seemingly he won’t so it will drag on for a long time

I only mentioned the girlfriend because her existence will be stopping him from moving back into the previous marital home.

Can you ask for a mortgage payment holiday?

He had one during Covid.

You've mentioned it three times and all of those times you are drastically wrong...

Pay it for the next two months and hope and pray that she doesn't delay it and the court condemns her behaviour once we get there