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History: Home UK Divorce Forum
Topic:
11 years split (2 Posts)
Started By:
Date:
14 July, 2017 12:36PM
11 years split
xLouisx - 14 July, 2017 12:36PM
Hi there, I split from my husband about 11 years ago after only about a 9 month marriage. We had bought our home together not longer before. I put the £25,000 pound down on the mortgage and also released some cash from my flat i rented of about £20,000 to do the house up. When we split he only lived in the house for less than a year and we shared the mortgage payments. When he left i paid him £5,000 to make up for what he had paid...

Anyway he went to live abroad and i tried to contact him a couple of times and had no luck at all. He still lives abroad and i have now received the divorce papers. The form says he lives at his parents address and i now he doesn't. On the form there is the point number 3 Financial Order..
They are all ticked.
An order for maintenance pending suit/outcome
peridocial payments order
secured provision order
lump sum order
property adjustment order

This is worrying as he hasnt really paid a penny for 11 years, not even the deposit or the doing up of the house. I paid him £5,000 when he left. I have managed to pay all the mortgage payments alone for the last 11 years, maintained the house, ect.

As the form as all of the above ticked does that mean he is looking for a share of the property or does he just want to be taken off the mortgage. i would have done this years ago but he ignored a message i sent to his friend and also still lives abroad..

What shall i do about the form? Do i sign it or send it to the court saying i am fighting this.

Thanks.
Re: 11 years split
davidterry - 14 July, 2017 01:18PM
>>As the form as all of the above ticked does that mean he is looking for a share of the property or does he just want to be taken off the mortgage. i would have done this years ago but he ignored a message i sent to his friend and also still lives abroad..

Say, for instance, you and your husband wanted a "clean break" (as you probably do). The only proper way of doing this
is for the court to formally dismiss all claims but the court cannot do this unless the claims have been made in the first place. This means that all notional claims are routinely included on the divorce petition regardless of whether or not they will be pursued. In fact, if any financial claim was pursued this would be done in (effectively) separate
proceedings of which you would have notice so you do not
prejudice any financial claim simply by agreeing to the divorce. The financial claims are there to confer jurisdiction on the court to deal with the financial issues arising from the marriage if requested to do so. That is all. The fact that the claims are on the divorce petition does not actually mean such claims will be pursued.

>>What shall i do about the form? Do i sign it or send it to the court saying i am fighting this.

From the above I think you can deduce that you do not need to say you are fighting the financial claims.
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