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Financial negotiations following exchange of Form E

4 replies

Polly46219 · 02/05/2017 18:02

Hello. I am interested in hearing from anyone out there who has been in a similar situation to me and what the outcome was. I am divorcing my H myself - he left me and our 2 year old just after Christmas. He's now seeing another woman at work. Got the decree nisi last week. My solicitor is helping with the financial side and soon my H and I will be exchanging Form Es. My worry is that I don't think my husband and I are going to be able to agree matters between ourselves in order to get a consent order drawn up. He wants to sell the marital home which my son and I are still living in - H is currently with parents. Obviously, I want to stay. There is not enough equity, even if I kept it all, for me to go and get another mortgage on my own. I work 3 days a week and look after my son the other 2. I really do not want this to end up in court because the fees will be massive and it's not like we have a big estate - the only asset we have is the marital home (a three bed semi). I will only be able to stay if he pays me some sort of spousal support for a time but he is absolutely adamant that he won't have to and is angry as hell about it. I'm 46 and he's 35 so he has more earning years ahead of him and he earns double my salary. I know it's all about basic needs and I would only need a couple of hundred from in (in addition to child maintenance) to basically get by, but a judge isn't going to kick us out, is he/she?? Anyone out there been in a similar position?

OP posts:
Polly46219 · 02/05/2017 18:06

Sorry about the typos. When I say 'my' son, I mean our son. And I meant a couple of hundred from 'him' (not in).

OP posts:
RedHelenB · 05/05/2017 08:27

So you cant afford the motgage payments with your earnings , tax credits and child maintenance
Does he earn much more than you?

babybarrister · 05/05/2017 10:20

This reply has been deleted

Message withdrawn at poster's request.

Allthebestnamesareused · 07/05/2017 17:48

Polly - you already have a solicitor helping with the financial side of things. Ask the solicitor to get Advice from Counsel based on the Form Es and putting your question as to the likelihood of getting the outcome you desire should it go to court.

If the chances are good then get your solicitor to put that offer forward to your stbx's solicitors. If he fails to get better at court he would have to pay costs. If the chances are slim then you need to have a rethink about what you'll have to do I am afraid.

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