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Financial Remedy Order No Assets

2 replies

RosaPilosa · 23/12/2020 23:04

Hello,

I am looking for some advice. Ex and I were together 8 years and married for 2.5. We had no assets, but do have a child. We separated 8 years ago.I am resident parent after a recent court battle, which, as they usually do, has ended in a lot of animosity.

Ex petitioned for a divorce after our first two years of separation. Earlier this year I needed our official divorce paperwork for something, and it came to light it had only got to Nisi stage. (Yes, I'm an idiot). Ex is now refusing to apply for the absolute and also the clean break order I have requested, unless I give him a 'lump sum'. He is extremely difficult to communicate with - he has severe MH issues that he blames on me - so replies take weeks and it's very difficult.

I have responded and said, ok to save time I will give you everything I have left of my savings which comes to a couple of hundred pounds. This was a week ago and no response yet. If he wont take that then I will need to apply to court.

My life has improved dramatically and I made my way out of the heavy debt we accumulated, I now own a home with my partner and am doing ok money wise. We are not rolling in it but we cover our expenditures and are able to save a little each month. Ex does not work due to aforementioned MH issues, and so I have not gone to the CMS to ask for maintenance. He makes no contributions and has never bought uniform.

I am concerned that should this go to court it will seem 'unfair' that ex has very little compared to me and I will be ordered to pay him spousal maintenance or a lump sum in instalments, despite me being resident parent. I wondered if anyone knew how likely this will be?

I will be taking him to court as a litigant in person. He has told me that he has applied for legal aid, which is also worrying me a lot as it will be me up against a solicitor.

Any help in these matters would be much appreciated

TIA

OP posts:
prh47bridge · 24/12/2020 00:44

He won't get legal aid unless he can prove that he was the victim of domestic violence or abuse. He might be able to get legal aid for mediation but that is all.

No-one can tell you what is likely to happen if this goes to court on the limited information you've posted here. You will need to consult a solicitor if you want advice on the likely outcome.

FourDecades · 25/12/2020 12:22

My understanding of a clean break order is that all your finances are declared and split accordingly.... which should be done before the Absolute is requested.

Have you both filled in your Financial Form E for the Judge to study?

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