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My Solicitor says i can do nothing!!

  • forever friends
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28 Dec 08 #74667 by forever friends
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As Sera says,
Apply for the divorce ASAP. Go for unreasonable behaviour - the 2yr rule is no use as she won't agree. She doesn't need to agree on unreasonable behaviour grounds. The unreasonable behaviour has to be stuff she did in the 6months before you seperated - so stuff between 3 & 31/2 yrs ago.

I think the A/R process works on the basis once you apply the judge give stbx a date for paperwork exchange, a date for teh hearing and if she don't turn up but you do a ruling is made in her absence. Not quite as simply as this, but once you post that A/R form you are in the driving seat. Start driving.

Oh and by the way, not be so negative about life, you will enjoy it once your free. But until your free.........

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28 Dec 08 #74668 by Sera
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The entire usually take 12-18months. It may be longer if things become protracted; and she is difficult. Mine started in July 2007; and all was settled by Nov 2008.

So secret squirrel: here's to 2010.

It sounds a long way off, and you've already had three years of Divorce Hell Limbo. But you don't want to be saying the same thing in two years time.

I hope you don't loose your new girlfriend, but I could see why she'd be fed up if you continue to stay married to your ex. (That's just a girlie point of view).

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28 Dec 08 #74734 by secretsquirrell
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had the Decree Nisi 2 years ago but was told not to divorce her until finances sorted so we went thru the anc relief where she wrote the biggest fairy story ive ever heard, but still nothing, she just wont go to the final stage and i do realise ive been wrongly advised ive allowed too many people to bully me and tell me things that i didnt know were true or not, i signed Consent Order but still nothing, can i force her to send it to court now i signed it? shes supposed to have an appointment on 15th jan but she never turned up 3 previous app with her sol so im doubtfull she will turn up for this, im thinking of writting to her sol and saying if she doesnt turn up for this app or if she doesnt present the consent order to court within 2 weeks of my letter then i will stop paying the mortgage and go to court myself and hopefully court will look kindly on me after the rubbish ive had to put up with, hopefully that will get them moving but what i know of her sol she will dig her heels in and see how far she can keep pushing me.

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28 Dec 08 #74743 by Sera
Reply from Sera
I'm glad that wiki users have opened your eyes and at least allowed you to recognise how you've been taken for a ride.

Write that letter. Adhere to your threats. Allow them a timeframe to acknowledge things, two weeks still allows time before her 15th Jan appointment. Mean Business: and the courts will make it happen!

Good luck,

Sera

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28 Dec 08 #74749 by secretsquirrell
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my sol said if i stop paying mortgage i will be liable for the back payments they will chase me because she is not working, but there is plenty of equity in the house, my own mortgage is in negative equity why would they chase me and make me sell my house? surely they would just make her sell her house? i know you all mean well but the courts arnt perfect and the woman always wins, if i stop paying mortgage im the bad guy!!!

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28 Dec 08 #74756 by Zara2009
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Hi SS

As far as being made to repay back payments of mortgage are concerned. The courts do not take into consideration any payments missed or paid by either partyd prior to the court order.

My husband paid the mortgage solely for years until it finally went to court and he was awarded a refund of zilch for that. But the ex still was awarded her 45% percent on the final split, plus all the other usual bits.

Another member on here paid the mortgage on their own for 15years!!! When it went to court, it was as though those 15 years had not existed. She was awarded no refund whatsoever and her ex still was awarded I think, 45-50% of the assets. So, I would say, no it is not taken into consideration.

zara

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28 Dec 08 #74772 by secretsquirrell
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Thats interesting, just thought she could play the pathetic woman saying i left her high and dry but im paying 2 mortgages and struggling, her sol says i shouldnt of taken on another mortgage if i cant afford 2 but i was advised to because im 50 if i had waited i may not of got another mortgage and why shouldnt i have a home? i gave up the last one and everything in it including stuff belonging to me, cant understand why my solicitor has said utter bunk to me? maybe hes married to her sol lol, not paying is my last option so here goes, but will warn them first if things dont move in next few weeks i will stop paying no doubt her sol will say i will lose out if i do, but i have no other bargaining tool and everyone hates me anyway so what the heck!!!!

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