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familylawexpert
familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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I have been divorced for 4 years after a 6 year separation

Customer Question

I have been divorced for 4 years after a 6 year separation (15 years of marriage). We didn't go through a solicitor and I didn't get a settlement agreed at the time. He has paid basic child maintenance through the CSA for our two children and has paid the mortgage for the last 10 years. Both children are now out of education and he wants me to take over the mortgage payments. We still have 10 years left to run on the mortgage and I can't afford to pay the £400 a month mortgage. He wants half the house when the children leave home. Can I go for a settlement now? He owns his own company and has remarried.
Submitted: 3 years ago.
Category: Family Law
Expert:  familylawexpert replied 3 years ago.
Hello,

My name isXXXXX will be able to help you with your question. First I need a bit more information:

- have you remarried?
- do I understand correctly that no financial order was made upon your divorce (or since)?

.
Customer: replied 3 years ago.

Hi


 


I haven't remarried. I live with my daughter who is 22 and my son who has just turned 19.


 


No financial order has been made at any time. We made a verbal agreement between ourselves that he would pay the mortgage and pay child maintenance through the CSA and we would sort the rest out later.

Expert:  familylawexpert replied 3 years ago.
Hello,

It is open to you to make your application for a financial order now. Indeed, I would encourage you to do so without further delay.

If you do make an application now, a court will consider your claims just as it would do upon any divorce, although it may give both of you some credit for any assets built up since the divorce was concluded.

Whether he got any of the house would depend on what the total assets were, including pensions, and your respective earning capacities (or actual income, if working fulltime).

I hope that is helpful. If you would like any clarification, please ask. Otherwise I would be grateful if you could rate my answer.

Kind regards,
Mac
Customer: replied 3 years ago.

Thank you for your answer. How would I make an application for a financial order - is this through a solicitor? And how much is it likely to cost me to go ahead with this?


 


Thank you



Ruth

Expert:  familylawexpert replied 3 years ago.

Hello Ruth,

You start the financial proceedings by issuing a "Form A" (which you can get from the court) at the court that handled your divorce). The court fee for starting the proceedings is around £350. You do not need a solicitor, although you might value their advice at some stage.

The starting point for the division of your assets is likely to be a broadly equal division of the total assets (including pensions and business interests).

I would suggest that you suggest mediation to your ex-husband before issuing proceedings, as that may be more confrontational than simply starting proceedings without warning.

The first thing to do is for both of you to prepare a schedule of all of your assets and exchange it.

Regards,
Mac.
familylawexpert and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Many thanks for your advice.


 


Kind regards


 


Ruth

Expert:  familylawexpert replied 3 years ago.

No problem. Good luck.

Mac.

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