Divorce info help needed!

[Carli1234]

Don’t know if anyone can help with advice on here but don’t know where else to start! My son was married to a woman for 2 years,together 10. He bought a house in his name,she still in it with 6yr old child. Their divorce has gone past nisi stage 5 months ago, she’s now ignoring all solicitors letters and him, and he still has to pay mortgage. They earn the same and he has to pay child maintenance,is there any way you can force a financial remedy into court Without a solicitor does anyone know? He has no money left,2k owes to solicitor already for getting nowhere!
Thanks guys

Divorce help needed!

You can make an application to the court for a financial order, of you look online you should be able to find out how. They could also try mediation. Though I don’t see what their equal earnings have to do with child maintenance he should still pay for his child

I tried that it’s not clear. He’s paying the full mortgage and well over the assessed amount in child maintenance that’s the problem. The mortgage is in his name so he can’t get another property

Have they tried mediation?

Have they come to any agreement on splitting the assets?

Are there any other assets involved ?

What does the ex wife actually want? Ie, Share of equity / buy him out the house and keep it

If you want to make an application for a financial order you can complete Form A Notice of intention to proceed with application for financial order. This is available on the gov.uk website. The form will ask if you have tried mediation- and if not- why. It is also important to have realistic expectations and ideas about what orders you want a court to make. The child maintenance amount will be determined by CMS and the court won't generally overrule this. The main issues are normally the marital home and pensions. Valuations etc will need to be carried out and both parties will need to complete information on their finances. The court will still be expecting the parties to come to some sort of agreement by consent. I hope this helps

Thanks. She won’t agree to mediation,she says she’s allowed to stay in the house till the child turns 18,as soon as he argues this she stops access it’s been 2 years now and he’s struggling

If your sons divorce is online he can request a judge get involved if she refuses to engage in the court process and she can be forced to engage, if she outright refuses then its likely the decision will go in his favour.

Why is his solicitor doing nothing? Is it because he hasnt paid the bill?

It sounds like she knows she doesnt have rights to the home until the child is 18 and is scared and worried so is hiding away.

In relation to mediation just state on the form that she is unwilling to partake. In relation to her comments about staying in the house that is not correct. In certain circumstances a court can defer the sale of the marital home until a child/children reach 18 but that is just one of a number of possible property adjustment orders that can be made. The court will take a number if factors into account. I think given the stale mate that an application to court will be needed. It often helps break the inertia. Start with the form and go from there

That sounds really tough in your son.

My solicitor advised I could get the same, so there is some truth to that, she could APPLY for it. That doesn't mean she would get it. I opted for buying my Ex out instead.

She obviously shouldnt be stopping access for this reason. That very unreasonable.

With regard to access to his child he neefs to apply for access and this is seperate to divorce.

If she then breaks that court order he can take het back to court.

Sounds like he likes moaning about his situation but isnt doing anything to resolve it.

Apologies for poor spelling - fat fingers dont mix well with a phone keyboard!!!

His solicitor is useless. She just keeps writing to
The other side and they ignore it? He got a bill for £2300 and has got nowhere.i said I’d help him find out if there’s a cheaper way as he can’t afford this any longer and I’m not in a position to help

Of course she keeps writing and then she can charge him each time.

He needs to speak to her about progressing it to court if the other side wont engage.

Is his divorce online? Who has the login details?
If he doesnt he needs to get them.

@Allisfairinloveandwar you need to start your own thread.

First time in posting so had no idea how to do it. Have managed to repost it and
now trying to delete this one but no clue how to go about it 🤔😩