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Paying for mediation

  • microman
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19 May 16 #478504 by microman
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I also have a small occupational pension. My wife said that she doesn''t want a share of my pension, just half of the house proceeds. I am worried that if I don''t attend mediation she may change her mind and claim my pension.
That would leave me homeless and with no income at all.

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19 May 16 #478505 by Trolly Dolly
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So what is her financial position? Does she work? Does she have a pension? Any assets? Where does she live?
Please stop thinking that mediation will solve any of these issues. It won''t. Just because you go to mediation doesn''t mean you won''t end up in court. How is your wife funding her legal advice?
And as you''ve said yourself, she''s asking for half of the FMH which you are willing to give her anyway!

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20 May 16 #478510 by microman
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Wife works full time and gets a salary which is 2.5 times my pension. Although she is building up her own occupational pension it won''t be much because when she retires she will only have around 16 years service.

She has no assets.
She lives in a rented two bed flat with a female flat mate with whom she shares the rent and bills.
Conveniently her flat is right next to where she works.
I recently discovered that she has another partner but she doesn''t live with him.

I thought that her proposal was generous in my favour because she is legally entitled to half of everything.

I did have a free half hour with a solicitor recently. The solicitor said my wife''s offer was good and advised me to accept and agree at mediation.

Interestingly, the solicitor told me not to worry about the possibility of being taken to court. I asked why and she said "your wife couldn''t afford to take you to court".

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22 May 16 #478653 by microman
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Hi Trolly Dolly, thanks for your reply. Do you mean that if mediation cannot resolve a non-existant dispute then the courts will resolve a non-existant dispute?

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22 May 16 #478656 by Trolly Dolly
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If there is no dispute then I can''t see why you would even go to mediation let alone court. Court should be viewed as a very last option due to stress and cost involved. If one of you has made an offer and the other accepted it I don''t understand why you need mediation. I think from previous posts she has a solicitor but you don''t. If that is the case why don''t you ask her for her solicitor to put the offer in writing to you and you just write back saying you agree? It appears to be mediating something that doesn''t require it. You already agreed.

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22 May 16 #478659 by microman
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Good idea, I will do exactly that. I will send my wife an email to that effect right now.
Thank you for being so very helpful, logical and honest.

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23 May 16 #478697 by microman
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I have just found out that my wife did have to pay for her first mediation session as she wasn''t entitled to legal aid due to her income.
I have checked the income threshold for not being entitled to legal aid and it''s a gross income of £2,657 per month or £31,884 per year.
I''m not entitled to legal aid despite my income being around a quarter of my wife''s income just because I have the FMH in my name.
How can I be expected to sell my house to fund mediation costs when there is a home rights notice on the house preventing me from selling it?
Also as my wife is entitled to half the house proceeds, then surely I only own half a house.
This is legal madness.

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