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I have taken your advice with regards ***** ***** however this has proven unsuccessful as my wife mentioned something during her mediation consultation that resulted in the conclusion of future mediation. With this in mind can i now apply for a court order to force a sale of the marital home which my wife still lives in and im paying for and if so how do i go about the procedure going forward. kind Regards James
I hope that you are well.
Can you tell me - do you have any minor children still living in the house? what is the equity?
Hi Caroline, thanks for your speedy reply, all the children have grown and live with me. The house value is £135K on mortgage £68K. Kind regards James
Thank you for for clarifying that for me.
What you now need to do is ask the mediator to sign the Form A for you and then you can send this form to court to start the financial proceedings.
Hi Caroline, thanks again for your speedy reply. I will call my Mediator tomorrow to put the wheels in motion. What happens once the Form A has been sent into the courts and what dept of courts do I send it too?
You need to send it to the family court that is dealing with your divorce.
If this is a bulk centre - still send it there - and they will allocate the case back to your local family court.
Thank you very much speak to you soon Caroline
your welcome :)
Hi Caroline, my wife is in receipt of a widows pension and has been since about 1990. In a divorce settlement am I entitled to half of this or a proportion of this?. I am aware that she is entitled to half my pension and of course that's right, would it be therefore correct that I am entitled to half of her work's or private pension?
Everything is included in disclosure and so she will have to disclose this. Discussions about division can then take place when 'all the cards are on the table'.
Thanks Caroline. Although we have split up 4 and a half years ago and live in separate homes if I were to set up a new business going forward can my make a claim on the business etc?
Kind regards James
You are going to have to disclose any new business - as everything has to be included in disclosure.
You can argue that it is a post separation asset. Its going to depend on what the other assets re to meet need - but will hopefully be negated by the long separation - as needs should hopefully already be being met.
Once the financial proceedings have been finalised - this will prevent any future claim. You need to look to secure a clean break if possible so that your ex cannot seek to increase spousal maintenance at a later point.