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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


CSA assessment

  • stressed1
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16 Aug 12 #349855 by stressed1
Topic started by stressed1
My ex husband is self employed and a Director of his own limited company and has informed the CSA that he makes zero profit and therefore his fiancee is supporting him. This is nonsense, he works 5 days a week and he takes a salary from his company however, he can prove that his company has zero profit. Therefore I am unlikely to get any maintenance from him.
I understand I can submit a variance form re his lifestyle as his fiancee is an office worker at a child care provider and she can not support their lifestyle. Their home, 2 new cars, a family of 6, etc.

Has anyone else been through this and how did you prove your ex-husband''s deceit?

Thanks

  • maisymoos
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16 Aug 12 #349858 by maisymoos
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You can apply for a variation on the fact that lifestyle does not match declared income. You certainly have nothing to lose by trying.

Make sure you give as much detail as you can on the form. Its one of the harder variations to get as its often a matter of one persons version against another and factually hard to prove.

Good Luck

  • dizzybee
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16 Aug 12 #349865 by dizzybee
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Hi Stressed1

I am going through this process at present.
Ex is company director was paying me a mere pittance. Now has unilaterally stopped paying as he informed CSA of "Change of Circumstance" and "Change of family composistion" he has impregnated three other women since our seperation so each illegitimate child he brings into the world the money he has to pay for our children is reduced and now is nil.
I wouldnt mind if he was salaried earning an average wage and paying his taxes.
He has a company turning over millions owns numerous properties has 80k worth of new cars etc etc etc
The whole system is a complete joke.
The CSA seem only to persecute the men and sometimes women that are PAYE and are easy targets. The minute we go into the realms of the self employed they are almost powerless.
You need a good caseworker apply for a Variance on his lifestyle. Get as much evidence as you can and if need be get Criminal Compliance involved.
Best of Luck
DB

  • maisymoos
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16 Aug 12 #349867 by maisymoos
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DB

Have you applied for a variation based on your ex having assets over 65k? (property/cars etc?)

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16 Aug 12 #349869 by dizzybee
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PS Stressed1
Get a copy of his filed accounts from Companies House.
He is probably earning minimum wage and taking out large dividends.
His partner may also be on the payroll as perhaps Company Secretary and his is paying large sums of money to her.
If you suspect this is happening the CSA do have the powers to demand to look at third party bank statements.

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16 Aug 12 #349871 by dizzybee
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Hi Maisymoos
Yes, but supect everything has been put into partners name!
Unbelievable!
Isnt life too short!

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16 Aug 12 #349875 by maisymoos
Reply from maisymoos
dizzybee wrote:

Hi Maisymoos
Yes, but supect everything has been put into partners name!
Unbelievable!
Isnt life too short!


Well I hope the CSA see through that if the assets were in his name at point of separation. Not sure how they treat asset diversion but income diversion as you say is a valid variation.

The problem for us is proving it! I was successful in my application for assets over 65k but did have all the paperwork as it was jointly owned holiday home! My ex got to keep it following divorce settlement and once it is transferred I will need to apply for a further variation as he will then own the lot and be double the worth. The sad thing is he is claiming poverty but I have just spied a planning application for an enormous 2 storey extension to his new home, that he reckons he mortgaged himself to the hilt to buy at over £700k?? The kids and I are having to dramatically downsize and reduce our standard of living while he lives the life of Riley!!

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