Judicial Separation

sept09baby

I've been living apart from my husband for over a year and want to apply for a judicial separation.

We were in the family court a few months ago and resolved access and maintenance for our child so that's all been agreed.

I'm still in the house which is in huge negative equity. I am on a payment plan with the mortgage company as I cannot afford the full payments on my own and my ex isn't contributing to the mortgage as he is unemployed.

I'm just wondering what the courts will do in this situation? Will it be left to the mortgage company to try get him to come to an agreement if/when he ever gets a job?

desbrook

Surely a Deed of Separation is a much better first option ? A Judicial Separation is REALLY expensive! No hope of agreeing one?

sept09baby

For a deed of separation we both need to have our own solicitors. I can't afford it - every penny is taken up with mortgage, bills and childcare. But I'm not entitled to legal aid either. Even though I don't earn a fortune I'm over the threshold for all allowances so don't get any help

sept09baby

I applied for mediation twice before but he didn't turn up. Although we're talking and have matters regarding our child resolved he's burying his head in the sand a bit. I think the fact that we're apart so long he considers us separated and doesn't see the need to do anything else

desbrook

Well as I said above getting a Judicial Separation is very very expensive . I received a quote of 15k average EACH so needless to say myself and my ex put our heads together and sorted an agreement which cost a fraction of that .

If money is tight a Judicial is not an option for you as far as I can see

To be honest I kinda see his point regarding dong anything else if money is really tight although not turning up for mediation is inexcusable . You have maintenance and access sorted so that's a major chunk done . What other issues do you feel are still unresolved ? just the mortgage ?

sept09baby

You can represent yourself for a judicial separation so it shouldn't cost 15k???

The mortgage would be the only real sticking point. He is under the illusion that the bank are just going to write the debt off (or at least most of it). He's not engaging with them and is refusing to restructure a short term debt that would allow us to meet the full mortgage payment. He just wants nothing to do with it all now

I've applied for mediation again but if the waiting list is too long I won't be able to do it because I'm at risk of losing my home. The case is with litigation in Ulster Bank

Taltos

OP it might be worthwhile getting some free legal aid. Also some solicitors will either give you a reduced / no rate for the first sessions but check first.

In my sister's case as her ex played silly beggars her legal bill alone was well in excess of 20k...
Are you sure that he is just not bothering or that he is quietly just trying to make this painful for you.

To me you have two separate issues here.
1. Separation - a deed is the cheaper approach, but only with agreement. Clearly if he is not playing ball you may need the judicial one but be prepared for high costs. Even if you go the second route yourself get some initial legal advice to ensure you don't miss anything.
2. Bank - you definitely need legal advice on that one - the last thing you need is a court ruling being jointly assigned to you both. Possibly a lawyer or even mabs could help you renegotiate these payments to something more manageable. In terms of your ex not supporting you financially again that is where the lawyer could come in and apply for contributions from his dole payments especially as you have a child together.

Look there is not much you can do over the weekend, but draw up a list of lawyers in your area, contact mabs, and draw up a list of all of your earnings and spend. As above some lawyers may be able to help here or at least point you in the right direction.

sept09baby

Have applied for legal aid but it wasn't granted. My take home makes me ineligible (unsecured debts etc are not taken in to account)

I have €435 left each month - €400 goes to the mortgage. I can't afford a solicitor.

I still can't understand how everyone is saying a judicial separation will be expensive if I don't have representation??

desbrook

sept09baby wrote: »

Have applied for legal aid but it wasn't granted. My take home makes me ineligible (unsecured debts etc are not taken in to account)

I have €435 left each month - €400 goes to the mortgage. I can't afford a solicitor.

I still can't understand how everyone is saying a judicial separation will be expensive if I don't have representation??

You will be applying to the circuit court and will have to pay court fees I imagine. Maybe other posters can give you guidance as to how heavy they are. Your ex will probably get legal aid so you'll be at a disadvantage. Personally I wouldn't do it.
To be very blunt though OP it sounds like you would be in financial trouble regardless of your marital status. Where is your ex living by the way?

motherofthree

do not represent yourself ,i am judicially separated cost me 10 grand 5 yrs ago , ,gutted .but you need someone to help ,tried mediation ex husband just wasted my time and money,you need someone who wont take his ****

SVI40

I did my divorce myself in 2007. The only costs were in having affidavits signed, about €15 each at the time, and registered letters. There was no charge by the courts. Don't know if this has changed, but all in all, it cost less than €100. That being said, I have a barrister friend who assisted me with the drafting of the documents, and also explain what all the relief's being sought meant.