Bit of advice on financial proceedings in divorce?

[Fightingback16]

Just a bit of advice really as I’m too close and going round in circles.

I left my abusive husband last year. I have equity in the house and very small savings which I‘ve saved post leaving. I’m therefore not suitable for legal aid.

I’ve been struggling with PTSD this past year so haven’t been able to put the energy into my divorce. I’ve finally managed to get my nisi by deemed to be served. My solicitor had tried a few time’s to engage my husband in swapping finances. He hasn’t, keeps saying he will but doesn’t. I do get the feeling he has no intention of doing anything. He forced me out the family home last year with dd who is 4 now. He is still in the family home. He has installed cameras and alarm on it recently.

I stopped contact with dd in Dec on advice from SS.

I moved in with my mum, who tbh I’ve needed the support and safety so never went for an occupation order. I was too scared to go home and too unwell to push anything....until now.

I don’t think he will engage with me about finances because he is pissed I’ve stopped his contact with dd. He was told in Dec to make a contact application but hasn’t.

What I wanted some advice on is whether I just go ahead now and issue financial proceedings. My solicitor knows I don’t have a lot of money and has said it’s up to me. I really can’t see him co-operating amicably. He has it easy, he is in the house with no reason to move on.

Equity I the house will be disregarded for legal aid purposes (or at least the first £100k of it).

Yes - go ahead and apply. See if you're exempt from fees.

If your ex refuses to engage the judges can and do make the ex pay all court costs.
I hope your have gone for child support from CSA

If your ex refuses to engage the judges can and do make the ex pay all court costs.

This is so far from the reality that it would be amusing if OP were not at risk of relying on it. The default position regarding costs is that each party pays their own, and it is difficult to rebut this. The court can make a Legal Services Order (that one party meets the other's fees) but they're not cheap to get, and there's no guarantee.

He sent an email last week to my lawyer to say he is ready to talk about finances now. But he wants to barter it with child contact. I haven’t stopped contact for simple reasons. I’m firm and non negotiable that he needs to make an application.

There really isn’t any point is there talking to him. I’m just worried I’d spend money on going back and forward and then he still could pull out. Money is stressing me out. Sorting out the contact (is he applies) will be bad enough.