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Court Proceedings

 
Vik2001
(@Vik2001)
Estimable Member Registered

The ex wants more of the pot which consists of the house.  she wants 70% and to leave me with 30%.  i made the most contributions.

we tried mediation with solicitors and she stuck firm with her proposal of a bigger split, and threated me with court proceedings. i said we should do 50/50 as we both need to rehouse ourselves. 

now i received a letter from MIAM asking me to attend mediation via them.  im sure this is the start of her doing court proceedings for the finances, as they require you attend MIAM before you can come to court.   should i ignore the miam as this is unnecessary costs for me, and plus we tried via solicitors.  if i dont attend MIAM she can issue court proceedings, and will it then look bad on me in court.

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Topic starter Posted : 22/07/2021 8:35 am
MysteryTrip
(@mysterytrip)
Active Member Registered

To Vik

 

I have been though this in 2014-2017. 

Mediation was not involved as ex wife jumped from one solicitor to another.  Ex's first solicitor tried to get sympathy from the courts by saying that I had not considered mediation, but judge dismissed on the basis that it was wife who had initiated the court proceedings for financial settlement even though I had made reasonable offer.  Ex was ordered to pay court costs

Second solicitor initiated an emergency maintenance hearing.  That too was dismissed and judge ordered wife to pay costs as judge ruled there was no emergency.

FDR was a waste of time as we only had a few minutes of time with judge as he was dealing with a serious child case in preference, but costs were still incurred.

Third solicitor initiated an other emergency maintenance hearing.  Judge dismissed that too as final hearing date had already been set.  Again wife ordered to pay costs.

After almost 3 years of back and forth the day of the final hearing arrived.  Wife chose to settle for offer I made three year earlier as could not answer the list of questions provided by barrister before we were due to go in front of the judge.  My barrister requested all court costs to be deducted from offer on basis that ex had been ordered to pay for previous court hearings.  Judge agreed and added further deductions for lost time from work, undue stress and wasting time by making unreasonable demands which included; all three properties (total value about 800K) and lifetime spousal maintenance of 4K per month (more than my net income)

When finally over, ex wife was about 80K worse off.

 

ReplyQuote
Posted : 22/07/2021 10:23 am
Vik2001
(@Vik2001)
Estimable Member Registered

thats sound like a great results @mystertrip

i only have 1 house, and no other assets\cash.  im already paying CM directly to her.  my yearly salary is average, and i have no savings.  i been paying the household bills/mortgage myself, she left the house while i stayed there.

what are my chances of a fair 50/50 split?

ReplyQuote
Topic starter Posted : 22/07/2021 11:05 am
MysteryTrip
(@mysterytrip)
Active Member Registered

Vik

Many factors will determine how assets are divided.  That you made the greater contribution may have little relevance as split will be made on,

Who need what

What is available

If there is insufficient to go round then both partners will have to adjust their lifestyles accordingly. 

If your ex earns less than you and is the parent with care she will likely receive a higher share of available assets.  The younger the children are the more you ex is likely to receive.  However, no two divorces will ever be the same.  So, to forecast in advance the outcome is near impossible.

  

 

ReplyQuote
Posted : 22/07/2021 11:24 am
Vik2001
(@Vik2001)
Estimable Member Registered
Posted by: @mysterytrip

Vik

Many factors will determine how assets are divided.  That you made the greater contribution may have little relevance as split will be made on,

Who need what

What is available

If there is insufficient to go round then both partners will have to adjust their lifestyles accordingly. 

If your ex earns less than you and is the parent with care she will likely receive a higher share of available assets.  The younger the children are the more you ex is likely to receive.  However, no two divorces will ever be the same.  So, to forecast in advance the outcome is near impossible.

  

 

currently shes looking after kids and has stopped working, and has refused me overnight access.  im fighting for shared care, with a childrens final hearing coming up. if we both end up with shared residency i take it that will make finances more equal?

ReplyQuote
Topic starter Posted : 22/07/2021 12:53 pm
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