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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2783
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My mother is getting a divorce on the grounds of unreasonable

Customer Question

My mother is getting a divorce on the grounds of unreasonable behaviour. There are no children involved just the house, car and savings. Her husband is now refusing to sell the house and refusing the divorce. The house needs to be sold to share the equity but he knows that my mother cannot afford to take him to court. What are her options please?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information to fully assist you:-Please confirm if they are in England or Wales?-Is the home in their joint names, if not whose name is ***** *****?-How long have they been married and are there any dependant children?
Customer: replied 1 year ago.
Hi,
They are in England, the house is in joint names and there aren't any children.
Customer: replied 1 year ago.
Sorry I forgot to add that they have been married for 10 years.
Expert:  Harris replied 1 year ago.
Thanks for confirming.Firstly, she does not need him to agree to the divorce under unreasonable behaviour. If he refuses to return the acknowledgement of service to the court she will need to apply for "deemed service" if she is aware that he has received the petition and accompany the application with a statement explaining the reasons she believes he has received it, for example any conversations or text messages referring to the petition from him. Once the court is satisfied that he has been served with the petition she can continue with the divorce.In relation to the financial matter, this is more difficult and if he is refusing to agree to the sale of the home, then unfortunately she will have no choice but to pursue an application to court for financial relief to force a sale of the property. Prior to applying to court she will need to attend a Mediation Information and Assessment Meeting for a mediator to assess whether mediation is a suitable route to settle the matter (you can find local mediators here: http://www.familymediationcouncil.org.uk/). If the mediator feels that it is not, she will be signed off and can proceed to court.If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.

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