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History: Home UK Divorce Forum
Topic:
division of assets (2 Posts)
Started By:
Date:
06 September, 2017 05:36AM
division of assets
angelpeterd - 06 September, 2017 05:36AM
I divorced nearly 2 years ago. My then solicitor advised me to apply for the decree absolute before any financial agreement was put in place. During the time of separation my ex wife had previously agreed (in writing) to put the house on the market. She then took it off the market despite the mortgage period coming to an end. She subsequently forged my signature on a letter of intent to the mortgage company stating that she would put the house up for sale to repay the mortgage. (yes I have contacted the Mortgage company, Action fraud and the police about this, but to no avail!)
My current solicitor advised me to seek counsel's opinion concerning just how large a share of the proceeds from the sale of the matrimonial home I should be entitled to (there had been a trust deed put in place to protect my wife should my business fail 15 years ago) and the advice received was that I was entitled to 50% and that I should start proceedings which I did.
We now discover that my ex wife is ill and needs an operation in a few days time and her solicitor has asked that I agree to put off the hearing or they will apply to the court to that effect. As my solicitor has advised me that the court would probably grant that, I have agreed. As I started a new life abroad two years ago,I cannot afford the cost of booking flights and hotels only for the case to be adjourned again and again. This would probably happen. As I have received yet another bill from my solicitor, I have decided that I need to find out a lot more about the likely outcomes of taking this case forward (best and worst case scenarios) before weighing the options and coming to a decision.

My questions are:-
1. Can proceedings be put off indefinitely in these circumstances?
2. Have any other forum members experienced similar situations and what was the outcome?

Your advice would be much appreciated.
Thanks
Re: division of assets
davidterry - 08 September, 2017 02:23PM
You have had the benefit of your solicitor's advice and that of a barrister. You are paying both for their advice and so these are questions you should be asking them.

For what it is worth courts do not agree to adjourn matters forever. If there is a good reason to adjourn (such as hospitalisation) then they will agree to adjourn but there always has to be a good reason. A court will not allow one litigant to continually frustrate the legal process by seeking unjustifiable adjournments.
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