divorce financial consent order

joes_mum

My ex has sent me a court letter 3 years ater our divorce forcing me to make a financial settlement. I cannot affford to do this and do not agree to walk away from the marriage with nothing. I have a court date of july do I have to attend? Can he force me to settle?

fluffnutter

What were the original terms of your divorce? Was the financial side of things settled then? I can't remember the specific term but there's an agreement at the time of divorce whereby neither party can make a future claim. Did this happen?

I'm a little confused because you talk about 'walk[ing] away from the marriage'. But this marriage ended three years ago, didn't it?

DylanO

You've been divorced for three years and you still don't have the financial settlement sorted?

Why? You've had three (plus) years to do it, or to save up for a solicitor to do it for you.

I'm pretty sure that your husband can force you to attend court, and it's in your interests to do that. What makes you think you'll be walking away with nothing? Unless you're living off of his money, you've survived on your own for three (plus) years.

LandyAndy

fluffnutter wrote: »

What were the original terms of your divorce? Was the financial side of things settled then? I can't remember the specific term but there's an agreement at the time of divorce whereby neither party can make a future claim. Did this happen?

I'm a little confused because you talk about 'walk[ing] away from the marriage'. But this marriage ended three years ago, didn't it?

'Clean break'.:)

fluffnutter

LandyAndy wrote: »

'Clean break'.:)

Thanks! It is actually called that, isn't it!

Errata

I think it,s called Ancillary Relief.

joes_mum

Our original divorce in 2007 did not contain a fiancial order. It was never finalised as we did not reach an agreemant.
He wants me to leave the house to him. I had another house at the satrt of our marriage and I live with my new husband in a house purchased on the proceeds of my original house. The matrimonial home was purchased by mortgage and renovated and furnished by me. When we separated he carried on livng there and I went to my original house.
He pays no other maintanence. We have a daughter together (who he no longer sees or suports). I could have saved to pay for a solicitor but have spent £2000 already on legal fees trying to reach a settlement. My ex wants me to settle to leave any hold in the house as a clean break. My solicitor said it could cost me 20k to argue my case in court to try and win a share of the house. I'm sorry if my grammer offends people,
I only want what is fair. My ex husband came to our marriage with just a bag of clothes, and has ended it with a 6 bed detached house. I started with a house and ended with a house, no change.

DylanO

joes_mum wrote: »

Our original divorce in 2007 did not contain a fiancial order. It was never finalised as we did not reach an agreemant.
He wants me to leave the house to him. I had another house at the satrt of our marriage and I live with my new husband in a house purchased on the proceeds of my original house. The matrimonial home was purchased by mortgage and renovated and furnished by me. When we separated he carried on livng there and I went to my original house.
He pays no other maintanence. We have a daughter together (who he no longer sees or suports). I could have saved to pay for a solicitor but have spent £2000 already on legal fees trying to reach a settlement. My ex wants me to settle to leave any hold in the house as a clean break. My solicitor said it could cost me 20k to argue my case in court to try and win a share of the house. I'm sorry if my grammer offends people,
I only want what is fair. My ex husband came to our marriage with just a bag of clothes, and has ended it with a 6 bed detached house. I started with a house and ended with a house, no change.

So the marriage had two houses, and you now have one each. I presume he pays the mortgage on the house that was bought during the marriage, and you do not?

If so, does it really matter? You're already married again - it's time to move on and put it behind you. Unless you want to wait twenty years and discover that you don't own either house solely (no clean break) because your ex-husband is owed a share of both.

joes_mum

I do appreciate what you are saying. Its just that I completely renovated that house and paid for all the fixtures and fittings and he will get the sole equity (currently 125k) Yes he pays his mortgage and I pay mine. Yes it is time to move on. If I could move on without it costing me thousands in legal fees I would. If the court has been started can we drop it and settle out of court?

meer53

Did you/do you still have a joint mortgage on the matrimonial home ? Does he want you to sign over any equity in this house ? If he does, and you agree, then it won't cost you so much to arrange. If you don't agree then i think you will have to either sort this out between you amicably or go to court. Did he contribute to anything at all when the house was being renovated ?
I don't understand why you haven't sorted this out already ?

DylanO

joes_mum wrote: »

I do appreciate what you are saying. Its just that I completely renovated that house and paid for all the fixtures and fittings and he will get the sole equity (currently 125k) Yes he pays his mortgage and I pay mine. Yes it is time to move on. If I could move on without it costing me thousands in legal fees I would. If the court has been started can we drop it and settle out of court?

What did he do during this time? Unless he sat on his backside and did nothing at all, I don't really think you have a point.

It's been five years since your divorce, so god only knows how long since you actually split. That's five years that you've had time to do something about this and have chosen not to.

There has to be a reason why you're still holding onto a connection to your ex-husband.