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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been divorced now years and I as the respondent was

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I have been divorced now for 3 years and I as the respondent was the one to move out of the family home where my ex-wife and my 6 year old son currently still reside. At the time, she instigated the divorce proceedings with legal representation while I couldn't afford to hire a solicitor to defend my interests. Because of this I was held to a 2 day/week agreement to see my son and no settlements were reached regarding our mortgage. I have been in rented accomodation for the past 4 years and now want to get a mortgage with my new partner but I am still held to account with my ex-wifes mortgage. In January of this year we pursued a transfer of equity option given from the mortgage company but my ex-wife has been obstinate and resistive throughout (ie slow to send application in) and I am lead to believe that once in the hands of of the mortgage company there will be a further inherent delay from the mortgage company. Is there any course of action that can be deployed to expedite this process?

Hi, thank you for your question. Has there been a formal settlement that has been approved by the court?

Customer: replied 1 year ago.
Essentially she has stated that she will send forms and fees in "when she feels like it". I have offered to loan her the money but this was met with profanity. No consent order has been drawn up and i do not wish any financial gain from the property. Is there any way to 'make' her complete the process asap due to my rental contract coming to an end

Thanks for confirming. Unfortunately, you cannot force her to come to an agreement and this must be voluntary by her - hence financial agreements outside of court's being called "consent orders" as they are agreed between parties. If her agreement to settle is not forthcoming your only option would be to pursue a court application under Form A and a £255 court fee for financial relief. This will set a strict timeframe to comply with disclosure and directions and settlements are encouraged at every stage. It may therefore be helpful to explain that this will be your only option and would substantially increase legal costs - this may assist in her reconsidering her position, especially as you are not seeking to obtain any financial gain from the property.

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