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Divorce & property problems

A friend of mine (really) with adult children has been separated from her husband for at least 5 years years and hoped to sort out getting money from the value of the family home (which husband still lives in) by negotiation.

But as the years have passed he refuses all suggestions and she is now financially stuffed and suffering from depression.

I've said I think she needs to start divorce proceedings, does this sound right ? But presumably as he's not playing ball she'll need to do it through a solicitor.

I want to be helpfull, and knowing all the family I do think she's being exploited rather than being difficult or vindictive . But I don't want to offer duff advice and I'd appreciate some help and guidance.

Obviously there's lots on the directgov website that helps. But any personal thoughts and help are much appreciated.

TIA
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Comments

  • RAS
    RAS Posts: 36,572 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    She does not need a solicitor to sort out the divorce. She certainly needs the advice of a good solicitor to find out what she might be entitled to as a financial settlement. She may need a solicitor to represent her in court but the fees would be paid out of the settlement, although some ask for funding upfront.
    She can get a lot of good advice from wikidivorce.com.

    Does she have a will? Has she updated it since the separation?

    Is the house in joint names?

    She can download the divorce papers from the internet and serve them on him herself. The court fee is £380ish and another £60 for the absolute.

    But the financial settlement is the big issue.
    If you've have not made a mistake, you've made nothing
  • Armchair23
    Armchair23 Posts: 648 Forumite
    Thanks Ras, lots of questions for me to ask her. I'm none to sure how she's up to coping with this at the moment, but it's not going to just sort itself on it's own that's for sure.
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