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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.


Financial Disclosure - Dubious Tactic?

  • Mnh123
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12 Feb 22 #518880 by Mnh123
Topic started by Mnh123
(First post....long post...not sure how much detail needed)

My partner has finally been able to extract/swap FD from his ex wife as he is seeking a financial settlement to get his/a share of FMH.

My partner is being advised by wikivorce and has engaged a paralegal to direct his actions but is doing all admin himself to keep costs to a bare minimum. His ex wife however has engaged a solicitor.

Ex Wife's FD & bank statements show that 2 weeks after she had received a request from my partner to engage in mediation (up to that point she had ignored 4 letters requesting to engage) she took out a 7 year loan for £7k plus interest of £6k citing reason as home improvements.

She has stated in the FD that she used £3k to pay off her overdraft and the remaining £4k was added to an existing £2k sat in an instant access savings account.

My partner is worried that she has taken out the loan to ultimately pay her solicitors fees and will attempt to have HER loan debt amount deducted from the sale of the FMH.....ie so my partner ends up "paying" 50% of her legal bill, despite the fact that he has made every effort to minimise costs, eg attempts to discuss between them, mediation etc. Surely so recent a debt would be regarded as her own? I assume my partner needs to ask her to evidence her payments for home improvements during mediation?

Her monthly net income is £1860 and her outgoings are £1200 ish (but no rent or mortgage because she is in FMH which has no os mortgage) so why she has run up overdraft with disposable income?

My Partner is 55, Ex wife 54
married 1995, separated 2004, divorced 2017
Children = 2 boys aged 25, 1 girl aged 20

FMH is worth c£280k no mortgage. Ex wife had always promised that they would sell house when youngest child was 18 but has resisted every effort to engage.

my partner works as a quality manager through his own ltd company (pays himself min wage and if any surplus then in dividends.....he did not have any work from april 2020 to June 2021. He has no savings and c £500 left in current account

my partner has £11000 rent debt, is driving a friends spare car as has no vehicle of his own. He ended up at food bank in 2020 before he managed to get universal credit. Throughout this oeriod ex wife was working full time and continued to live in FMH rent free. His earnings barely cover his living costs because he has £800 monthly rent to pay. Another friend owns the flat so at least he won't be evicted.

my partner has no assets over £500 except his pension:£60k

Ex wife Pension €30k but no disclosure of 2 previous pensions so will need to discuss at mediation.

Needs
Equal size property each - max 2 bed
ex wife Iives Lincoln
Partner lives Oxfordshire (more expensive)

Ex wife has also alienated the "children" against father since he started financial settlement communications.....prior to that he saw them every other weekend.....ex wife told children....your father is making us homeless and is stealing your childhood memories. She makes me ashamed to be female.

No wonder men don't want to get married...this ex wife thinks she's Susan bloody Sangster

Thank you for wading through the above .

  • WYSPECIAL
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13 Feb 22 #518882 by WYSPECIAL
Reply from WYSPECIAL
Not sure what your question is.

Given how long they have been split up, and divorced, she won’t be able to claim that the loan is a marital debt.

Not much you can do about adult children who don’t want to keep in touch much. Just keep plodding along so all contact doesn’t stop.

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