Hi
My GF is currently going through a divorce, has had mediation and the financial split was agreed in principal.
Her ex has then completely ignored this, does not respond to letters issued and has made no counter offer. He has now filed to go to court. My GF does not have the funds to pay for this.
She has stayed in the family home with their two children and has a small self employed job as she is a full time carer to her Mum. She is on UC and her ex does pay child maintenance to her. He has some contact with the children, but they do not stay with him at all.
She is attempting to get a mortgage for the family home in her own name as he defaulted on the mortgage (this has since been paid by my GF to bring things up to date) and has continued to pay this. Due to defaulting on mortgage she is unable to go to usual high street lenders and
she are awaiting to hear from a mortgage broker what options are available to her.
What is the situation regarding the payment of legal fees if it goes to court?
Can these be taken into account when the financial settlement is sorted with her ex being liable for the payment and this in effect deducted from her share of financial settlement.
Property value £300k, mortgage £85K
Ex's pension pots circa £300K
It had been broadly agreed at mediation that my GF would have the house and 50% of one pension but her solicitor pushed for 75%.
Roughly it would then have been a split of assets as follows:-
GF £290K
Ex £225K
GF had paid £5K to bring mortgage arrears up to date and also stated she did not wish to have any of the inheritance of some £60K.
Appreciate this is just a snap shot of the situation, any thoughts would be greatly appreciated.
