Unable to fund divorce mediation meeting

marc.faulkner

Hi There,

Posting on behalf of my partner, who is currently going through divorce.

Her husband filed for divorce in October last year. The Decree Nisi has been issued, and the absolute can be applied for by her partner after tomorrow.

There are no children involved, however there are joint assets to be considered/shared - matrimonial home (approx 30k equity, 120k value), caravan, car, savings, pensions etc. along with debts

My partner was invited to a mediation meeting in March, however was unable to pay the £100 fee and as such was unable to attend.

She has now been advised by her solicitors that she cannot progress the divorce any further without attending the mediation meeting, however she simply does not have £100.

Prior to the start of divorce proceedings, there were cash savings of approx £3,000 which they both had access to in a joint account. Her ex has used this money to pay for his divorce costs, and spent the remainder - leaving my partner with no savings to draw against in order to fund her own costs. If he had not withdrawn these savings, she would have been able to fund her mediation costs from them as he has done with his.


Just wondering what happens now, as there appears to be something of a stalemate. Not sure what she can do to progress things from here?


Appreciate your thoughts and advice.

Thanks,

NotSuchASmugMarriedNow

could she put her mediation fees on a credit card and pay it back once the settlement has come through?

Or thrash out a settlement with her ex and without the aid of mediators

marc.faulkner

Sadly not to both I'm afraid.

The debts I mentioned from the marriage are mostly in my partner's name, and currently in a DMP. She doesn't have, and I don't think would be able to get any credit.

And her ex has basically said, when approached about an agreement, that he would make sure she was left with nothing and that was that!

The only liquid assets were the cash savings, so not sure that she's expecting to get any kind of settlement. All she really wants is to keep the house - although she would like to keep the caravan if possible. In that event, the caravan could be sold to ease finances after the divorce was finalised, if necessary.

Tenyearstogo

If she can fund a 90k mortgage she must be able to find £100 from somewhere.

NotSuchASmugMarriedNow

Why doesn't she just sell the caravan now then, to fund the mediation?

Forgive me for saying this, but how can she not have £100? Everybody's got £100.

elsien

marc.faulkner wrote: »

My partner was invited to a mediation meeting in March, however was unable to pay the £100 fee and as such was unable to attend.

She has now been advised by her solicitors that she cannot progress the divorce any further without attending the mediation meeting, however she simply does not have £100.


Thanks,

Are you absolutely sure this is correct, as a relative's ex refused mediation but the divorce still went through. Just cost a lot more.
Part of the reason for mediation is to avoid whacking up huge solicitors fees, so if your partner can't afford the mediation, how is she planning to pay the solicitors? Begging or borrowing it might be the better option in the long run.

tayforth

Can't you give her the £100?

Am I the only person who is thinking this????

NotSuchASmugMarriedNow

No tayforth you are not the only person thinking that

I'm also thinking there is a world of difference in not being able to pay and not wanting to pay;)

paulineb_2

NotSuchASmugMarriedNow wrote: »

Why doesn't she just sell the caravan now then, to fund the mediation?

Forgive me for saying this, but how can she not have £100? Everybody's got £100.

Actually no, a spare £100 that I didnt have would be a big deal for me, some people on part time wages or benefits may not have £100 to spare.

But I do agree, that there must be someone she can borrow it off for now if this mediation is really important

NotSuchASmugMarriedNow

people on part time wages or benefits get legal aid

paulineb_2

NotSuchASmugMarriedNow wrote: »

people on part time wages or benefits get legal aid

The legal aid rules recently changed as far as I am aware.