The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

Unsure..

  • Shipinthenight
  • Shipinthenight's Avatar Posted by
  • Junior Member
  • Junior Member
More
11 May 21 #516692 by Shipinthenight
Topic started by Shipinthenight
Hi there, I've been having little or no response from my ex regarding my proposals for financial settlement, I'm just receiving procrastination.
We've done form E's last year. My ex is still in the joint owned, shared equity with housing association, family home and not making any decision about selling or offsetting my share against other pension assets I have. This means I am racking up debt on my half of what is owed on rent/mortgage by my joint ownership/tenancy agreement (between us we own 25% of the house) - neither of which are being paid as I'm on benefits looking after my disabled son.
I'm self representing, the ex has a solicitor but even they seem to be dodging my communications.
It was suggested I apply for a court order for financial resolution via a Form A but having looked at the form it seems to not cover my situation ie force a decision re the house and force an agreement on when the 50/50 on my pensions begins. That is all there is to settle and it seems frustratingly straightforward and it is affecting my mental health.

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
16 May 21 #516728 by hadenoughnow
Reply from hadenoughnow
Form A is the correct form. If you own a property via shared ownership you would be looking for a property transfer and possibly a lump sum. If there is a pension, a pension sharing order may be appropriate. Whether or not it is may depend on the size of the fund and the circumstances of the case.

If the property is to be taken on by one of the parties, they would probably have to have a mortgage in their sole name that would be sufficient to also provide a lump sum. If you have a joint mortgage, you are jointly and severally liable for the whole amount. This means if you don't /can't pay, the other party will be chased for the full amount.
If one party remains in the former marital home, it is usual for them to cover all the bills.

Bear in mind that financial settlement is based on needs first snd the needs of minor children are prioritised.

Hadenoughnow

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
16 May 21 #516729 by hadenoughnow
Reply from hadenoughnow
Form A is the correct form. If you own a property via shared ownership you would be looking for a property transfer and possibly a lump sum. If there is a pension, a pension sharing order may be appropriate. Whether or not it is may depend on the size of the fund and the circumstances of the case.

If the property is to be taken on by one of the parties, they would probably have to have a mortgage in their sole name that would be sufficient to also provide a lump sum. If you have a joint mortgage, you are jointly and severally liable for the whole amount. This means if you don't /can't pay, the other party will be chased for the full amount.
If one party remains in the former marital home, it is usual for them to cover all the bills.

Bear in mind that financial settlement is based on needs first snd the needs of minor children are prioritised.

Hadenoughnow

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.