Tuesday, 27 January 2009

legal stuff thats going on here.....

I just thought I'd share an update with regard to the divorce hassles I have been having just lately.
I've just C&P'd this from a forum post to save time... but I'd have to say that if anybody out there is having a hard time with a divorce... SHOP AROUND !!!!! Good advice may be hard to come by, but is worth it's weight in gold......

She was fantastic Cheesy

An update ..... it seems that my solicitor has been less than helpful....Greta, AKA: The Rottweiller, (shit hot solicitor) tells me that the one option that my solicitor said wouldn't be a goer, is my best option and that the courts would find in my favour as the children are resident here.

The option in question is called a Mesher order (Mesher v Mesher 1980)

Mesher Order

If this is granted, then the court can order that the sale of the property can be deferred for a certain period of time, for instance until the children are no longer dependent
.

And she also tells me that the ex's capital share in the property as it stands can be capped if he is no longer contributing towards the mortgage, so that when the house eventually has to be sold, he will only gain his 50% share at today's rate and I will gain the rest of the proceeds from the sale.
My old solicitor also advised that court proceedings would not be available on legal aid to fight the ex... Greta said that I could fight him on legal aid, and that 'some' extra costs might have to be paid back at a later date... 

She has also personally recommended me to another solicitor who she passes all her legal aid clients on to. I go to see her on monday Smiley

So... I warn you now that I shall still be a bit all over the place with a nasty divorce going on, but I now feel more confident that this house will remain to be our home Smiley

 
So the open house is back on !!!! Smiley Smiley Smiley
Just need to figure a date out now Smiley

Thanks for all your positive thoughts and well wishes. It's far from over, but at least I have the right advice to fight my corner with Smiley
xxx


So once things are in motion, I hope to feel more like my old self and start to feel more creative once again :O)

4 comments:

SteamPunkGlass said...

Best wishes to you as always, you need somewhere to rant there are plenty of us over on FH to listen x

Saffie said...

I am so pleased you have got advice from someone else and things sound so positive. I have to say it seems to be roughly the same advice as I was given that the house sale is postponed until there are no more dependants! (is that 19 now!!!!) Thinking of ya as always Les and sending good vibes to you :-)
Sam xx

Keiara Wells said...

hey maybe I should go back into the solicitor business after all!! glad you're on the right track now :) xox

Keiara Wells said...

I've tagged you on my blog.. come take a peek!! ;) xox