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Topic:
Will divorce ever come? (4 Posts)
Started By:
Date:
13 August, 2017 08:49PM
Will divorce ever come?
Snarf - 13 August, 2017 08:49PM
Other half was given nisi last year, attended mediation at the beginning of this year and came to a draft resolution. This was all written up and pretty much ready to by April, however her ex insisted we had a mortgage offer in principle to take over the deeds from him before he signed.

His solicitor then delayed things for a month before insisting we had a full mortgage offer before he would sign. We paid to get a full offer and sent the details over.

His solicitor then delayed for another few weeks before writing and saying that because the process was delayed so long they now wanted to wait until the end of the year when the redemption of the mortgage was up before getting 50% of the equity (not what was agreed in mediation). So he's refusing to sign and now we're in Limbo until the New year apparently. Could we go to court and get him to sign given that mediation had already reached an outcome? Or do we really have to go with what he says and give up 50% in the New Year? (Previous agreement was 50% of the equity when he moved out) There are children involved too.
Re: Will divorce ever come?
jill_of_all_trades - 14 August, 2017 06:56AM
It is August. What is the point?

This is a long marriage if the mortgage is just paying off. Your other half couldn't/wouldn't/didn't think through the process sufficiently to proactively show that taking over the mortgage was a practical proposition until ASKED to do so. Take it from me that sort of offhand behaviour erodes goodwill on the other side and gives you plenty of time to reflect on what is in your best interests.. After 25 years of mortgage paying there is a good argument that the mediation process should have recognised that the house is owned 50/50 by your other half and the ex.
Re: Will divorce ever come?
Snarf - 17 August, 2017 06:49PM
Sorry no, it's the redemption fee that's coming off (3% charge I believe). We weren't going to get a full mortgage offer until he was willing to sign, why would we when it costs money to get the mortgage offer in place? The offer in principle shows that we are able to afford the mortgage.

The mortgage has only been in place for 3.5 years and her ex only paid for about a year of that, in fact I've been contributing towards it for longer than him!

I think we're coming to terms with 50/50 it's just a shame we've forked out for a mortgage offer and the mediation seems to have been a complete waste of time and money.
Re: Will divorce ever come?
davidterry - 18 August, 2017 05:38PM
If neither of you will suffer any prejudice as a result of getting decree absolute now (and you should take advice about that because such prejudice can take many forms) then you can apply for decree absolute yourself. You should ask your solicitor whether this is an option and, if not, ask for an explanation so that you fully understand the position.

For what it is worth an agreement reached at mediation is not binding until it is made into a court order so that is what you should be insisting upon. If your ex will not do that you may need to make a court application in order to get a determinate time table.
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