Decree nisi has been granted.
I am living in the FMH with our two children and am their main carer. He sees them once a week and is reluctant to increase that care.
He is going to be paying minimal child maintenance and had agreed to handing over the equity in the FMH in order than I would stay here and take over the mortgage.
My solicitor insisted on a nominal maintenance charge, he refused. We suggested it again with a termed order until my youngest is 13 or that we use an arbitrator to make the decision.
Since we sent that letter, his solicitor sent him a draft letter to approve and he has refused to respond - not even contacting his solicitor after her leaving daily messages.
I need a letter to be signed before I get my remortgage offer, saying that he will have no future interest in the property - since the financial settlement has not yet been sealed at court.
There is the threat of him becoming bankrupt after some poor financial decisions he has made since we separated - my name is ***** ***** in any of them. There is currently one interim charging order against our house with the hearing set for October so we were all working towards sealing the financial order by then so that the house is ring fenced but he is refusing to co operate.
He has told me he has received a bankruptcy petition a week ago, but neither me or his solicitor has seen this and thus far nothing is showing on the insolvencies register or the Land charges register.
Against the advice of my solicitor but in order to close things, he wants me to agree to remove the nominal maintenance order and only when that and the childrens access arrangements are agreed and filed at court, will he sign the letter for the remortgage (By which point the order will be sufficient anyway), but there is very real threat of bankruptcy coming up first.
I feel bullied in to doing something that isn't in my best interests just to get the house secured which is in my best interests. However, i know that he will continue with this line of attack in his involvement with the children. He claims he wants to see them, but refuses to have them in any holidays or for anything outside of his 24hr period from Sat eve to Sun eve.
I have requested that he put his requests in writing via his solicitor but he says I need to do it.
I believe his solicitor has possibly advised that the nominal maintenance options we suggested were reasonable, but since this doesn't suit his requirements, he is now disengaged.
Similarly the same was the case when we went to mediation. He refused to go after the second time because it wasn't getting the results he wanted.
Can he really dictate so much, and yet still claim parental responsibility and where we live etc?
Property value is between £600 & £700k.
Mortgage is £250k
He earns £32k now. I am newly self employed so my income is variable.
We've been through the division of equity etc but he is not engaging and there seems to be nothing I can do.
As above, he is refusing to engage and will set his own terms about the children as well.
The biggest point is that he is just ignoring us until we agree to his terms.
I thought that if I agreed to remove the nominal maintenance he would give us a lump sum as this is what he suggested, but now he has changed his mind and will only sign anything when it fits his agenda to remove the nominal maintenance charge and when he has set out how and when he will see his children.
We both had equity which we put down and had a joint mortgage as well.My biggest issue is my rights if he doesn't co operate.
He doesn't have a pension.
However, he sold his company and then worked for the purchasing company on an earn out basis. Under their ownership, the company went in to liquidation.
They prevented him from working within his industry for 2 years under contract (even though they had gone in to liquidation). He is in litigation with them and there is a chance he could win between £50k and £400k.
He also owns a share in a warehouse, worth approx £125k.
I am redeeming my interest in these two assets.
His current job, is working for a company that he and his current girlfriend incorporated in February this year. She is the Director, he is the employee. His salary is low. They live together. Presumably any profit they make will be drawn down by her but enjoyed by both parties.
Thanks Clare, I was unaware of that.
However, my problem still remains that even with me conceding the nominal maintenance issue, he is still disengaging from the process and my fear of issuing a form A is that he will go ahead on that basis and neither of us have any money to pursue a court case. He is a very stubborn character.
He is going to hold this bankruptcy over all of our agreements - children included, and something on which we are still not agreed.
However, I think you are saying that if there is a real threat of bankruptcy then he would lose everything too so he would do well to avoid bankruptcy, and in which case if he is not hurrying the process along since he is disengaging, then there probably is limited threat to him going bankrupt?
Either way I have no idea how to deal with someone who doesn't respond to anyone including his own solicitor.
Currently Sat 5pm to Sun 6pm.
If he is being petitioned for bankruptcy, does that mean he wouldn't even be able to hand over his share of the equity and so it is an empty offer?