So some steeps forward, then steeps backwards again!! So the finical order for the divorced has been refused by the court!! Every thing was split 50/50, so I'm not sure why this has been refused. All of my daughters are staying with me, could this be the reason, has anyone had this before? The real worry for me is that my solicitor has never had this before and shes being a solicitor for 25 years, just worried it may effect my house move.
That's a bummer Lumbux. Seems odd that it's been refused unless there's a dispute over the split but with daughters staying with you and you seemingly being happy with 50/50 then I can't think why. That's unless it's been recognised that there's not been full disclosure or some other procedural cock-up. I had to wait on looking for a house to buy, spending a fortune on rent, until the FRO was stamped by the judge.
I know nothing about court procedure for this, but is it not possible to ask for an explanation/reason for the court's decision? Hopefully just a glitch. Good luck with it...
Hi there. Unfortunately I don’t do family law but court orders usually have “recitals” which are a series of short declarations underneath the headings and the party names that explains why the order is being made. They will usually look something like this UPON reading the court file AND UPON the court noting the agreement between the parties (or whatever) AND UPON blah, blah, blah etc In my experience family law orders usually have reams of recitals which set out in punishing detail the background to the making of the order, but I see you have an experienced solicitor and that she’s no wiser, so perhaps it’s a mistake. The court service has been massively underfunded for decades but has been almost dismantled during the decade of austerity and Covid seems to have been a bit of a tipping point. I’ve had quite a few cases where claims have been stayed for no reason, agreed directions have been totally ignored or orders have been sent out which make no sense, so it might be one of those. Sorry I couldn’t be more help
Thanks all, my solicitor was still waiting for the paperwork back, ill ring her today to see if there's any updates, I'm still going to sell and move, as she has been removed from the mortgage, and at the end of the day im doing it for the kids, although they don't want anything to do with her, I'm hoping that at some point she will put them first and not herself, their happiness is first and foremost.
So a bit more info, the district judge has a query regarding the financial order, but we still don't know what that is yet, apparently its a new digital system and there seems to be some issues with it, but my solicitor said if it was the old system the paper work would have disappeared off and we wouldn't have heard anything for 6 months!! I also checked with the solicitor, and she has said I'm fine to proceed with my house move as the x has been removed from the mortgage, I'm not reliant on the house sale to pay her off.
That's great news. Good luck with both your sale and search for a new property. My move in September has started a new chapter in my life, so much happier.
Thanks all, found a new property closer to work, my mum and steep dad and the opposite road to my best friend, who we are bubbled with as I'm aloud too as I'm a single parent family, doesn't get any easier to say that, strange not being married anymore
IIRC the breakdown of your marriage happened quite suddenly, every case is different. However, once you're in your new house and out of the marital home I'm confident that your perspective will change, a new beginning with endless possibilities. Your new life will start from there.
