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Ancillary Relief Hearing 28th Feb

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  • Ancillary Relief Hearing 28th Feb

    First time poster here... just after a bit of help

    My first court hearing is on 28th February I do have a solicitor however on the day of court I will be self repping as I just can’t afford to take a barrister – already spent over £6K on this little delight! (this has been going on for over 3 years….. but hopefully we will be getting to an end soon)

    So far we have exchanged Form E’s and Questionnaires. A timetable was set by his side which was agreed by all parties. He has been late on every occasion and to date we are still awaiting responses to our Questionnaire this is now 2 weeks late. Today at 4 is the deadline for getting in property details and mortgage/rental capacity. Mine are all done and have been sent as my solicitor is off today – I have not doubt that seeing as the ex is 2 weeks behind with the responses we won’t get the property details back. He has not sent in his chronology nor has he done anything to get the divorce proceedings to decree nisi stage.

    We have had an offer on the house which I am loath to accept as I still don’t know what (if anything) I will get from the settlement, so I would rather not accept the offer until I know what is happening.

    My ex as accused me of time wasting and holding up the sale. Both parties have made offers but nothing that is acceptable so I am resigned that we will go to court. As my credit history is not great when the house is sold and I got into rented I will either need a guarantor or pay 6 months in advance – but whatever happens I will need to use the money that I will hopefully get from the sale. I just simply do not have the funds to move out without it.

    He is making demands for occupational rent – we had a friend who used to stay with us whilst we were married and then he stayed on when I moved back in the FMH – the ex moved out of his own accord – so I had to move back in to take care of the house and the pets. My friend moved out over year or so ago. I have since began co-habiting with someone and he also wants half the rent my new partner gives me – and this is the claim he is making for over £21K……. He has not paid anything towards the mortgage nor any household upkeep/insurance.

    There is probably, about 38K total equity in the house.

    His sole aim is to financially ruin me, and if his claim for this amount gets agreed I would have no option but to consider BR.

    Just wondered if anyone had any advice/thoughts……. I just can’t get my head around that that the timetable was set for all the court documentation yet he is just blatantly disregarding it. I’m also wondering what to expect at court as feeling quite daunted by the prospect esp as I will be on my own

    Thanks
    Last edited by Tinkersmell; 4th February 2011, 12:36:PM.
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