Divorce advice please

[frowner]

Hi I would greatly appreciate any advice you may be able to give me as I'm trying to help my sister.

My sis recently found out her husband has been having an affair for the whole 8 years they have been together. She wants a divorce and has started proceedings, papers are just being prepared.

They have no children (they were about to start fertility treatment) but own a house together. He has refused to move out and has refused to meet with her to discuss what will happen with the house, he has also refused mediation.

She is continuing to pay half the mortgage but has had to find alternative accommodation as cannot stay in the same house as him.

She has tried to arrange to meet him several times so they can decide what to do about the house but he is unwilling. Where does she go from here? All she wants to do is move forwards with her life but while her husband is being so difficult regarding the house she doesn't know what to do.

It just seems so unfair that having treated her so badly he still gets to go home every day while she has been forced out of her own home having done nothing wrong. Any advice greatly appreciated.

[olgaga]

At some point a settlement will be agreed - it's obviously going to be difficult if he refuses to discuss it, but she does need to make sure the mortgage payments are kept up.

I hope your sister is seeing a solicitor. In the meantime, you'll find helpful advice and links here.

[frowner]

Thanks for your reply and for the link. She is seeing a solicitor and paying half the mortgage. How will a settlement be agreed if he refuses to come to an agreement?

[olgaga]

If they can't agree it has to go to court for what is called ancillary relief proceedings.

[frowner]

Thank you for your reply and help.

[STIDW]

TO avoid confusion it it isn't actually called ancillary relief any more. Under the Family Procedure Rules 2010 it is now Family Remedy Proceedings.

[STIDW]

Sorry, that should be financial Remedy Proceedings.