I was granted ECF so I was able to get representation at an FDR hearing and up until an order was made . I applied for the ECF myself after being refused legal aid on the grounds of domestic abuse. ECF was granted as my present husband is terminally ill and my son (son with ex husband) has ASD and a significant learning disability , my son is 19 but unlikely to ever live alone. Ex husband was only on the mortgage for 3 years before we split , the home was mine previously and I have lived here 24 years and paid the mortgage with my present husband for 15 years. Ex paid no child maintenance in this time. ECF was granted to give me representation to safeguard my husband and son and to prevent a threat to our secure and stable housing. Ex wanted his half . I instructed a firm of solicitors under recommendation but the solicitor who was assigned my case was un empathetic from the outset and said he did not see grounds to move away from equality even though he had seen my ECF application. I needed representation to argue for us to stay in our home due to disability and illness and the fact that we are on benefits so have limited chance of a mortgage or loan. I gave permission for all medical and psychiatric reports to be accessed but in the end the solicitor only put in a letter from the adult complex needs team which I pointed out did not show the severity of my sons condition as effectively as the psychiatrist and psychologist reports did. My sons condition was glossed over in court , my barrister went into very little detail and my husbands terminal condition was barely mentioned . No discussion took place around how we would adequately rehouse on the proceeds and I was advised that should I refuse the 70 / 30 split in my favour and go to a final hearing , the offer might not be so favourable to me there. There was a feeling of inevitability about it all from my barrister and the junior solicitor who were present (my actual solicitor did not attend) and the barrister only had an hour with me to get background before the hearing. The court order stated I had to pay the ex £60k or the house was to be sold and that’s the stage I am at now. However , I strongly feel my case was barely heard let alone understood , my solicitor had no fight for my case from day one, despite it being an ECF case. It is playing heavily on my mind and I have been researching what I may realistically be able to do and applying for a stay of execution of the order (out of time) is one avenue , the thing is I need to know if I have a case because to start the process of getting the order varied , I would need to apply for ECF again . There are more factors to my case and if anybody was wanting to give an opinion but needed more background I am happy to supply it . Apologies for the lengthy post and thank you to anyone who takes the time to read it.
Stay of execution / Court order
Collapse
Loading...
X
View our Terms and Conditions
LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.
If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.
If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.