Matrimonial debts in settlement

[Deltic Bouy]

My ex's lawyer is pushing along for a settlement from the matrimonial home and I am trying to work out what is considered fair when coming to a settlement figure and would appreciate advice as I have had to dispense with my lawyer due to spiraling costs.
When considering what needs taking consideration of, I realise we work from a point of 50/50 split. There are no children involved here just the matrimonial home which she choose to leave and seek a divorce.
How is the fact I have been paying the mortgage and other bills alone for the 3 years since she left taken account of?
We bought a static holiday home just a couple of months before she left, the debt was taken solely in my name due her bad credit rating and at the time I took the debt on I believed our marriage was good. I can't afford to sell as it wouldn't raise enough to pay off the debt, how would this sort of matter be taken account of in the calculation phase?
TIA

[Peridot]

Hi Deltic Bouy,

Apologies if you already have this information but if not the factors that are considered by the Court are contained in s25 of the Matrimonial Causes Act here:- http://www.legislation.gov.uk/ukpga/1973/18/section/25

Each of you will need to complete a financial information form which details all assets and liabilities. You will also be able to indicate what payments such as the mortgage have been paid by you since separation. All the matrimonial assets are considered and there is also an opportunity if the matter goes through the Court for responses to each others financial disclosure so questions can be raised if there are items not declared for example.

It will also be necessary to obtain valuations of items such as properties and the holiday home.

Mediation is recommended to try and reach an agreement. If agreement can be reached then a shortened financial information form and a draft consent order are sent to the Court for approval (or not) by the Judge. If agreement can't be reached then the Court would decide on the basis of the financial forms completed by the parties. Negotiation is encouraged throughout and at any point during the Court process the two of you can reach an agreement. it doesn't have to go to a final hearing if an agreement is reached just approval by the Court of the agreement.

If at all possible and the finances allow a clean break is always the encouraged but if that isn't possible then property adjustment orders can be looked at that allow time for the parties to raise funds to buy the other out for example. All the facts would be looked at and as you say a starting point of 50/50 split with variation to that depending on the s25 factors, length of marriage, earning capacity of the individuals etc.

Hopefully that gives you a bit more insight but we're here if have any more queries.

[Deltic Bouy]

Thank you for your information.
The Form E's have been done and I have looked at the s25 but I am looking for more what occurs in practice with regard to how for example do the courts take account of factors such as the fact that I have been paying the mortgage and maintenance alone since she left as I believe until such time as her name is off the mortgage then she has equal responsibility for such things and therefore I wonder how this practically considered in the settlement.
Also how matters such as the debt on the static are considered as research suggests this i both a matrimonial asset but as in this case a matrimonial debt even though all the finance had to be done in my name so how would the Financial Dispute Resolution resolve this matter?
I have tried sensible negotiation but her solicitor has told her not to go to mediation as she won't get a fair deal this even though there is no Domestic Violence involved which I believe is the only reason mediation can be avoided.

[Peridot]

Hi again,

The form E will have included all assets and debts of you as a couple and individually. You have an opportunity to raise queries on each other's form E's and that is when you would flag what you have been paying for and the fact the holiday home was purchased 'jointly' but in your sole name for whatever reason. You will be encouraged to continue negotiating throughout the process by the Court.

If a settlement can't be reached then the Court will decide on how the assets will be divided bearing in mind what liabilities each of you has and the ability of each party to pay those liabilities. If I remember rightly from your previous threads you have offered mediation but she has refused. Keep the door open so to speak, the Court will not look favourably on a party that has or continues to refuse to enter negotiations to try and settle the matter with no valid reason.

There will be a broad brush approach taken by the Court but things like three years since separation solely paying the mortgage will factor into any final order. Section 25 demonstrates the sorts of things that would swing the pendulum from the usual 50/50 split together with the party's needs and abilities to home themselves, earning capacities etc

[Deltic Bouy]

Thanks for the pointers Peridot, will see how the FDR goes I assuming it will become a bit of a bartering event.