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Awaiting court date for finances

 
Vik2001
(@Vik2001)
Reputable Member Registered

I have shared residency of my children with 60/40 access.

The ex is taking me to court over the finances, she wants ex spouse maintenenace and a 65% share of the house.  The house is our only asset. im trying to fight for 50/50 of the house as i need to rehouse myself also.

I earn a modest 40k a year, and also am paying some child maintenance to her.

The house has now been sold 3 months ago, but there is no court date for the finance hearing due to delays i assume.    The money for sale of house is with the conveyancing solictor, but the ex requested they hold onto it.   Is there anyway i can get access to my share now, and then settle the rest when the court date comes?  i need access to some funds as am low on cash, anything i can do for time being?

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Topic starter Posted : 17/02/2022 7:49 am
Bill337
(@bill337)
Famed Member

hi,

been looking this up and it seems that unless your ex agrees to release the funds to you, then you will most likely have to wait until a financial settlement is complete:

https://divorce.wikivorce.com/advice/discuss-anything/general-divorce/502641-solicitor-holding-funds-from-house-sale

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Posted : 17/02/2022 4:42 pm
Vik2001 and Vik2001 reacted
Vik2001
(@Vik2001)
Reputable Member Registered

thanks bill.  yea the ex was the one who requested that no money is released to me untill we go to court and its settled.  just making things difficult for me, as cant buy additional furniture i need at the moment.

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Topic starter Posted : 18/02/2022 8:13 am
Bill337
(@bill337)
Famed Member

I suppose in meantime you can keep chasing court, asking update on when the hearing will take place.

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Posted : 18/02/2022 9:21 am
Vik2001
(@Vik2001)
Reputable Member Registered

@bill337 yea done this i dont expect it will be anytime soon with all the back log of dates.  this is the final chapter, once out the way i can try and re-establish myself now the kids arrangement is also settled.  thanks

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Topic starter Posted : 18/02/2022 9:26 am
NX1977
(@nx1977)
Active Member Registered

50/50 is a starting point.

 

As soon as children are in the mix, it'll move towards the parent with child responsibility and/or lowest income.

 

The aim is to leave everyone equally balanced.

 

All monies and assets including savings, pensions, jewelry, anything owned outright become up for grabs if it ends up for court to decide.

 

My solicitor said I was lucky with clean break, 40% of home as a charge against sale, and no pension share. It was messy, 2yrs & £8k in legal fees.

 

I was told to expect 30% or less  and 1/2 pension as we went to court to get them to decide. We reached agreement before the first hearing.

 

Agreement without solicitors will save you a packet. Argue over every penny and easily kiss goodbye to £10k+ in solicitors fees.

This post was modified 8 months ago by NX1977
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Posted : 31/03/2022 7:54 pm
Vik2001
(@Vik2001)
Reputable Member Registered

so i had my first fdr hearing for finances.   the ex said i had rehoused myself because i had to gone back to my mums house, brought up she couldnt work properly cos she had some operation as a kid.  the judge kind of agreed with her.  she got me arrested before the hearing, so i actually coulnt turn up in court.  she told the police i was prank calling her family and that got me arrested 1am while i was sleeping.   so my barrister had to go on without me.

 

the judge gave her opinion and said she could expect around 66% of assets,  the ex wanted 70%

we have shared residency and she has the kids with me on a 60/40 split.  

is it worth me going to a final hearing?? i wanted 50/50

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Topic starter Posted : 21/09/2022 9:05 am
Bill337
(@bill337)
Famed Member

@Vik2001 hi, would suggest you discuss with your barrister, and if its worth holding out for a final hearing

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Posted : 30/09/2022 8:44 pm
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