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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33314
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughters husband is contesting their divorce and his solicitor

Customer Question

My daughter's husband is contesting their divorce and his solicitor is walking all over hers. There have been two hearings with weak part-time judges and they have been asked to go to mediation. Her husband has already ignored two letters from the mediator, cancelled one appointment and has now said he will make an appointment in 6 weeks time.

Surely, this can't be right?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What has actually happened so far?
What was the behaviour that she alleged?
Clare
Customer: replied 2 years ago.

Abusive, controlling, lying, underhand in all money matters.


 


One court hearing, asked to write a statement: he then responded.


 


Back in court this week, judge referred them to mediation


 


Husband always delaying

Expert:  Clare replied 2 years ago.
Hi
So your daughter Petitioner
her Husbands filed a full defence
There has been a Directions appointment and Mediation was ordered?
is that correct?
Clare
Customer: replied 2 years ago.

His solicitor has been pressing for mediation from day 1, with a view to reconciliation. That will not happen: my daughter is adamant that the marriage is over. To concur with their wishes, she went to local mediators to state her case. He has ignored two letters to visit the mediators and has cancelled one meeting. At the last hearing the judge ordered mediation. My daughter has tried to make an immediate appointment: her husband has said that he will go in 6 week's time.

Expert:  Clare replied 2 years ago.
Hi
Have her Solicitors actually asked for the matter to be set down for hearing and have directions for trial been given?
Clare
Customer: replied 2 years ago.

No

Customer: replied 2 years ago.

Not as far as I know. They seem to be going for 2 years by consent. In the meantime, my daughter is paying half the mortgage, while he is claiming sole occupation with his council tax and has two lodgers!

Expert:  Clare replied 2 years ago.
Hi
How long have they lived apart and why is she paying half the mortgage if she does not live there?
Clare
Customer: replied 2 years ago.

She left in October 2013: thought she had to pay the mortgage. We lent some money for the deposit: perhaps she thought that if the house was repossessed, that money could be lost

Expert:  Clare replied 2 years ago.
Hi
has her ex said he will agree a divorce based on two years separation?
Clare
Customer: replied 2 years ago.

Yes

Customer: replied 2 years ago.

Yes but she'd like out before that:

Expert:  Clare replied 2 years ago.
Hi
That is fine
The starting point is that your daughter does NOT have to keep paying half the mortgage when she does not live there - so she should stop immediately.
She should also make an application using PROPERTY law for an immediate sale of the house - if he wants to contest that he will need to do so within the Financial side of Divorce proceedings and for a binding order to be made there has to be a Decree Nisi
Personally i would also use the fact that he has delayed mediation to go back and ask for the Directions for Trial to be set down for the final hearing
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Clare,


 


Thank for your reply: sounds really good. How do you make that application and to whom?

Expert:  Clare replied 2 years ago.
Hi
Which application do you mean?
Clare
Customer: replied 2 years ago.

Application under property law to sell the house

Expert:  Clare replied 2 years ago.
Hi
That is a TOLATA (Trusts if Land and Appointment of trustees Act) application
It is made in the County Court - you can read more here
http://www.familylawweek.co.uk/site.aspx?i=ed1008
Clare

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