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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Clare, I have petitioned and started financial

Customer Question

Hello Clare, I have petitioned for divorce and started financial remedy proceedings.- I am representing myself- I have not applied for decree nisi to be granted because i have a marital home rights order on my spouses house which is owned by her . My question is can i bring a halt to these proceedings ? the reason i want to do that is because I can not afford proper representation at the moment and I am begining to feel that I might need it.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your question and for asking for meYou certainly cannot be forced to apply for the Decree NisiHowever your ex can then apply to the court for your petition to be dismissed to allow her to issue her own petitionPlease ask if you need further detailsClare
Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Hello Again, I'm aware she can issue her own petition in time if she wants to, what I,d really like to know is what is the longest gap I can ask for between the first directions hearing which is booked for mid January and the FDR Hearing. I would like to ask for as long a gap a possible to enable me to get the money together to pay for proper representation. I was involved in a short marriage during which all my money and more was spent refurbishing my wifes house so that we could re-mortgage and pay off a large amount of personal debt that she was struggling to service, things didn't work out and i am asking for the money (an amount that has not yet been agreed) that I have put into her property to be re-paid to me if she either sells or re-mortgages. (she has plenty of equity in the property) She has refused mediation and refuses to acknowledge my contribution in any way. She has a ten year old son and is being represented by a solicitor. There has been no suggestion from her solicitor that what I am asking for is unfair or unreasonable. Whats most important to me is knowing how much of a delay I can ask for between the first and second hearing? Hope you can help with this ,thanks
Expert:  Clare replied 1 year ago.
Have the Forms E been exchanged?
Customer: replied 1 year ago.
Just exchanged,
Expert:  Clare replied 1 year ago.
Who issued the financial application?
Customer: replied 1 year ago.
I did , I'm hoping she will make an effort to come to an agreement before hand
Expert:  Clare replied 1 year ago.
Ok
Unfortunately you are locked into the process now and there is little you can do to delay it.
However not having a solicitor need not be a problem since from what you have said your position is a reasonable one and shoudl attract the sympathy of the court
Clare
Customer: replied 1 year ago.
Ok , many thanks
Expert:  Clare replied 1 year ago.
You are most welcome