divorce financial consent order

joes_mum

meer53, the mortgage is in his name. He pays it. He did not contribute to the reonvations or furnishing. He didnt always have a job and I worked during our marriage. I paid for the bills and cars food etc. He has worked since we split until recently. I have retrained and got a much better job recently.
Anyway as Dylan says probably time to leave it. It has taken so many years to sort because we could not agree. I lost my son to cancer and then my father, and my ex was also very ill so time has passed. I had left it as I
was happy not to have a clean break order.

Padstow

joes_mum wrote: »

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?

Yes, you do have to attend, but I don't understand why court?
You could agree between you and have a consent order drawn up and stamped by the court.
This expains it.
http://www.ecademy.com/node.php?id=86209

Just to add, it makes not a jot of difference to the settlement as to who paid what during the marriage.

NAR

joes_mum wrote: »

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. Can he force me to settle?

His case I assume is that you have refused to reach an agreement and he is now wanting a judge to rule on it. Yes he can force you to settle.

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.

You were stupid enough to marry a waster. On divorce all marital assets are in the pot for division, your solicitor should have clearly advised you this. You paid for all the renovations, but you benefited from them before divorce, so you will get no compensation from that. He is unemployed so CSA will be a token amount - £5 a week from memory. By the sound of things you have wasted £2k on legal fees trying to fight a battle you were never going to win, which your solicitor should have advised you.

joes_mum wrote: »

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?

Instruct your solicitor to offer a financial settlement including the house in question to your ex and the court case may be avoided, thus reducing your legal bill.

meer53

Bad advice by a solicitor really. My solicitor advised me to hold off Decree Absolute until a financial settlement was sorted out. I got to Decree Nisi and because my ex wouldnt complete the form for a settlement, i left it, that was 10 years ago. I'm not going to spend thousands on completing a divorce, if he wants to do that then thats his choice ! He now has his own house and i've recently remortgaged my house (was the matrimonial home) and he's agreed to a transfer of equity. If i were you, i'd sort it out the cheapest way possible and move on.