Mrs H came to Co-op Legal Services for legal advice after her 18 year marriage broke down. She had two children with her husband, aged 13 and 16 years old.
Mrs H left the family home with the children and rented a property for them to live in and then started divorce proceedings. Her husband stayed in the family home, which was a five bedroom house.
Mr H would not agree to sell the family home even though it was too big for him to live in alone. He would also not provide Mrs H with details about his income or pension that were necessary for the divorce financial settlement.
Mr H also refused to pay any maintenance to help with her needs or his children’s needs.
Mrs H was working part time and relied on her parents to help her financially since she started divorce proceedings.
How We Helped
Once Mrs H had explained her situation, Divorce Solicitor Tracey Moloney issued divorce proceedings and issued an application to the Court for spousal maintenance, pending suit. Once the application was reviewed, the Court awarded Mrs H spousal maintenance of £1,000 per month, payable by Mr H.
Tracey also issued an application to deal with their finances and even though spousal maintenance was ordered by the Court, Mr H refused to comply with the Court Order and he also stopped paying the mortgage on the family home. Mr H did not come to two of the Court hearings, including the final hearing.
The Court made an Order in Mr H’s absence. Mrs H was authorised to sell the family home, and to have full control over the sale of the property. Mrs H was also given 100% of the equity in the property as the Court realised that Mr H was unlikely to comply with any Orders for maintenance payments.
Mr H was also ordered to pay £4,500 towards her legal costs, as she had no option but to go to Court to get her finances agreed as Mr H would not cooperate.
Mrs H has now sold the family home, and has bought a property outright for her and the children, close to their school and without the need for a mortgage.
Mr H also paid her back the £4,500 legal costs ordered by the Court.