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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 757
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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What information do i need to have in place before i go to

Resolved Question:

what information do i need to have in place before i go to a solicitor. My husband and i have seperated, i have stayed in the family home , with my 12 year old daughter and we now need to get his collatoral locked into the house, as i have paid everything for the last 2 years and intend to keep doing so but i am not in a situation to remortgage on my own just yet. but he has agreed to do a locked in collatroal agreement until i am able to buy him out, so that I don't hve to sell.
Regards
Vicky
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your question.
I am a solicitor and can help.
Please can I ask:
- have you started divorce yet?
- have you been to mediation?
Kind Regards
Caroline
Customer: replied 1 year ago.

Hi Caroline,

No we haven't started the divorce yet, he wanted to get the house in order first and no we haven't been to mediation as we got to the point we couldn't communicate! We seem to have sorted now but want to get the house legally documented as he wants to secure his % of 40k and then once dealt with I will save to pay for divorce.

Regards

Vicky

Expert:  ukfamilysolicitor replied 1 year ago.
Hello Vicky
Thank you for your response. My apologies for the delay in responding to you. I have had quite a busy day. Thank you for your patience.
I note that you have not yet started divorce proceedings but that you are considering refinancing the matrimonial home. I would urge you to not refinance the matrimonial home until divorce and financial matters are resolved. You can do a lot of work yourself without having to pay a solicitor - although as I will detail below - you should consider instructing a solicitor to help with a consent order in relation to the matrimonial finances if one can be agreed.
In relation to divorce - you can choose to divorce for 1 of 5 grounds: Adultery, Unreasonable Behaviour, Desertion, 5 years separation without consent or 2 years separation with consent. Unreasonable Behaviour is most commonly used - you will need to detail 6/7 reasons why you can no longer remain married to your husband. This type of petition can still be amicable - you can use reasons such as 'didn't pay me enough attention.'
The current divorce petition fee is £410. You will need to send your marriage certificate to the court with your application. You can obtain the form you need from
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=1115
The courts have a fee remission scheme. If you fill out Form Ex160 with your application then you may be eligible for a fee remission/ reduction.
Once your petition has been lodged at the court then your husband should acknowledge receipt within 7 days. If he confirms that he does not seek to defend the divorce then you can apply for decree nisi. Once this has been pronounced - you wait 6 weeks and 1 day and then you can apply for decree absolute.
In relation to the matrimonial finances - The correct process for dealing with the matrimonial finances and division is to go through a process known as full and frank financial disclosure. Yourself and your husband need to exchange full details of all assets ( including pensions) and liabilities before negotiations take place in relation to settlement.
The normal rule for division is 50/50 however the matrimonial causes act sets out factors which could lead to a departure from this rule. A few examples are the likely earning capacity of both of you for the future, health needs, future care of children etc. Everything is included in disclosure - including pensions. If you do not go through process then you will not know if what is currently being proposed by your husband is a fair offer.
You should consider making a referral to a mediation service. They can assist in relation to the process of disclosure and also in relation to negotiations about division. One such mediation service is the National Family Mediation service. www.nfm.org.uk
If agreement cannot be reached then an application would need to be made to the court. You can not make an application to the court until you have at least attempted mediation first.
It is very important that no division of any assets takes place until a court order is obtained.
If division is agreed without the need to apply to court then you should submit a consent order for Judicial approval prior to division and obtaining decree absolute. Not doing so could leave you open for a future claim. A Solicitor can help you draft the Consent Order to protect your position for the future.
Once you have obtained decree absolute then your divorce is finalised and you are free to remarry.
Kind Regards
Caroline
I would be grateful if you could kindly rate my answer. I am new to this service and positive feedback is gratefully received. Please note that we receive no credit for our work and we do not get paid unless positive feedback is received.
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 757
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
ukfamilysolicitor and other Family Law Specialists are ready to help you
Expert:  ukfamilysolicitor replied 1 year ago.
I would be grateful for positive feedback. Kind Regards

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