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[Solved] Offer before FH

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Posts: 289
Registered
(@citydad)
Reputable Member
Joined: 6 years ago

If your name is on that mortgage you are liable to make sure it’s paid ...
The second your ex decides to renege on any verbal agreement you may have made the games up and you’re on the hook ...
FWIW the 1st barrister I had suggested something that was in excess of what the ex would have likely got .. but they take into account pensions , savings and so on

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Posts: 87
Registered
Topic starter
(@blindsided)
Estimable Member
Joined: 9 years ago

The consent order draft says this:

'Our client will provide an indemnity in respect of the mortgage in favour of your client together also with her agreement to use her best endeavours to procure the release of your client from the mortgage in three years, thereby avoiding the early redemption penalties currently applicable to the mortgage.'

That suggests I'm not on the hook to pay the mortgage no?

I have no pension, no other assets, my first barrister just seemed to be going through the motions....

This is the nominal part:

'There be a nominal spousal maintenance order in favour of our client to terminate upon the earlier of our client’s death, remarriage, co-habitation with another man as husband and wife for a period in excess of twelve months or upon the youngest child of the family attaining the age of 18 years or ceasing full time secondary education whichever is the later.'

Which sounds like a normal nominal clause?

I just want to try to work out if me worrying about a future that might not happen (her varying the order if she becomes worse off, or I earn more money) and details that may not be important in the long run is worth us going to FH and me paying a further £10k that I really cannot afford.

She has wealthy parents who have paid all her legal fees to date.

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Posts: 289
Registered
(@citydad)
Reputable Member
Joined: 6 years ago

Maybe you’re ok then re the mortgage but as you know there are all sorts of crinkles solicitors use .
I think it’s standrd to leave in a nominal amount say £1 a year just so that it’s easy to vary if your ex applies . They are free to apply to court to vary an order after a year I believe should they wish .. unless you get a “clean break “

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Posts: 289
Registered
(@citydad)
Reputable Member
Joined: 6 years ago

Have you spoken to a direct acces barrister ? They will be so much cheaper ...
You’re right no point winning a pyrhcc victory but you need to know from a legal mind exactly what agreement you’re entering into

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Posts: 87
Registered
Topic starter
(@blindsided)
Estimable Member
Joined: 9 years ago

My solicitor isn't great, so far I've spent around £8k (no idea how I've found that money, it's bonkers) and achieved nothing at all.

The barrister suggested to me for the FH is £3200 + vat for 1 day and £1750 + vat for day 2 (listed as 2 days). He's very experienced etc, how much is direct access?

The mortgage I'm not so bothered about but it's the nominal I am. Ideally I want to know if in Guildford there's 50% or higher chance of her getting nominal at the final hearing and god forbid straight up spousal! Everything I've read says that varying the order is very rare, but how rare? Who else on here has a nominal sm in place and it hasn't bitten them? Is there anything I can do to say I'll accept the nominal but make it less sever?

Sorry for all the questions, I'm so stressed at this point on so many levels, court is set for 11-12 July. I don't know what I'd do if I say 'no' to her now and then we go to court and the outcome for me is worse than what we have now.

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