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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.

Spiteful ex, final financial hearing and consent order

4 replies

Jeany1967 · 22/12/2024 12:18

In the process of divorcing my husband. We've been separated 2.5 years now and if anything things are getting worse.

He is controlling and everything needs to be his terms or nothing. We've had situation after situation where he's used the children as a weapon against me. Having felt extremely let down by CAFCASS (they said 50/50 wasn't best for the children due to his emotional blackmail and abuse towards me and them and then said that they weren't against it 2 weeks later) I reluctantly agreed to a 50/50 child arrangement order as my barrister told me that the court would likely go with CAFCASS anyway. I thought he'd be happy at this and leave me alone but he's still so awful. Accusation after accusation via the parenting app and just so so spiteful. I try my best to stay calm and manage to most of the time but he's now slagging off my family and just being awful. I've told him I just want to be amicable with him (mostly for the children's sake) but he's admitted that he will never be amicable with me.
How am I supposed to deal with him? He is so so bitter that I left him he is just relentless.

We are in the process of finalising our financial situation (final hearing in April). He has stayed in the family home, has been lent enough money to buy me out and pay off the existing mortgage but is maintaining he only has enough money to pay me so and so amount (not as much as I feel I'd get if I went to court). Taking into consideration barrister fees, the stress and the fact that the house might have to be sold (so potentially won't be able to move on for a year) I'm contemplating accepting. Now I know if I do we will have to draw up a consent order and get it approved by the court and he's now saying he won't pay a penny towards it as he doesn't see the need in getting one. He doesn't have older relatives so I won't be able to go after inheritance down the line (his own words) so he doesn't see the need. Now I know 100% that we need a consent order, so if I agree out of court I will be paying for it (as I paid to take him to court in the first place as he refused to sell the house and give me my equity share).

He's just relentless and I don't know what to do. Previous judges have thrown the book at him because of his previous behaviour so part of me wants to go to court to make sure what I get is fair but it's just so stressful and the idea of not being able to move on with the equity from the house due to it having to be sold is awful.

All our communication is through a parenting app but he's still being awful and it's just relentless.

Any advice will be greatly appreciated :-)

OP posts:
RandomMess · 22/12/2024 12:38

I think you have to be prepared to go to court.

Call his bluff so to speak to get him to pay for 50% of the consent order costa or you taking it to court.

You must grey rock him completely including on the parenting App - presumably it's a court admissible one so when the DC want to reduce time with him it will can be used as evidence.

I think the loss of equity will be worth your sanity.

Presumably you believe his pension declaration?

Jeany1967 · 22/12/2024 18:51

RandomMess · 22/12/2024 12:38

I think you have to be prepared to go to court.

Call his bluff so to speak to get him to pay for 50% of the consent order costa or you taking it to court.

You must grey rock him completely including on the parenting App - presumably it's a court admissible one so when the DC want to reduce time with him it will can be used as evidence.

I think the loss of equity will be worth your sanity.

Presumably you believe his pension declaration?

Thank you!

Our pensions are pretty much the same at the moment and previous judges have said that as we are both young and similar pensions they won't take that into it.

His mortgage capacity is much higher even without taking the loan from his family into it so I'm wondering if they will take that into any settlement as well (his salary is higher and he has much less debt then myself). At the last hearing my mortgage capacity was around £90k but his was over £150k. But as I said he has money lent to him from his family that will allow him to buy me out and pay off the existing mortgage so surely that will taken into it?

The DC's are 4 & 7 and get so upset when they have to go to his house. The eldest told CAFCASS this but I think due to her young age wasn't taken seriously.

I really need to learn to grey rock better!

OP posts:
rwalker · 22/12/2024 18:58

Go to court and get it done and settled

whys he paying the full amount of the mortgage

Jeany1967 · 22/12/2024 20:17

rwalker · 22/12/2024 18:58

Go to court and get it done and settled

whys he paying the full amount of the mortgage

Because he's living there and I'm renting my own place

OP posts:
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