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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.

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Court tomorrow... Help!

  • redwine47
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10 Oct 12 #360244 by redwine47
Topic started by redwine47
In court tomorrow for maintenance hearing.

Just received a letter today from his solicitor stating he is buying a property & his mortgage will b £ 800 pm.

Question ; can he do this before we have agreed any settlement for both maintenance & AR.

Question ; if so can he buy 4 bed luxury apartment for supposedly single man.

Question. Our AR hearing was postponed because of possibility of losing his job re a criminal investigation.... Surely a mortgage company should know this.

This is all a ploy to inflate his outgoings at hearing tomorrow.

Help. Another last minute clanger before hearing... happens every time!

We could never have afforded a mortgage of this amount when we were together as a family & both working?

  • julie321
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10 Oct 12 #360245 by julie321
Reply from julie321
How awful, I am no expert and I am sure someone will advise shortly but surely he can''t do this?

I wish you all the luck in the world for tomorrow.

  • strongerthanithought
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10 Oct 12 #360248 by strongerthanithought
Reply from strongerthanithought
Sorry no official advice I''m afraid, but surely his obligation is firstly to you re Maint & SM?

His mortgage co will have asked for his outgoings prior to making him a Mortgage offer; if he has lied and told them that he pays little or no maint & SM then it''s his tough luck. I''m sure a Judge''s/court decision will over-rule a mortgage company''s affordability calculation, no matter what. And if he''s lied on his application form then tough, I''d be soooooooo tempted to give them a little phone call ;-)

Anyway, he is BUYING a property - sounds like he has not BOUGHT just yet, there is time for it all to fall through once the mortgage company find out he won''t be able to afford his spanking new mortgage!

Surely his duty to pay SM & Maint comes before buying a massive (too big for his needs) new home?

Hope it all comes out in the wash tomorrow.


  • maisymoos
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10 Oct 12 #360249 by maisymoos
Reply from maisymoos
Hi Redwine

It never rains but it pours, my ex did the same!!

Don''t worry any equity will be regarded as a marital asset. The Judge looked very lowly on my ex who housed himself in a £750k property in the midst of proceedings, he regarded his behaviour as very underhand. If he can''t afford it at the end of the day he will have to sell it! Would serve him right too.

Good Luck tomorrow..keep us posted.

  • redwine47
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10 Oct 12 #360260 by redwine47
Reply from redwine47
Thanks all... I m worried about tomorrow because they always produce things last minute... & seem to get away with it... . His discovery which we''ve been waiting on arrived with my solicitor yesterday so I''ve not got yet....... Probably everything will be delayed again & in between he''s spending funds & I''m left dangling

Why can all this not be nipped in the bud....What''s point of going in front of these judges!.......?

''ll let you know what outcome... :angry:

  • NoWhereToTurnl
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10 Oct 12 #360274 by NoWhereToTurnl
Reply from NoWhereToTurnl
Good luck redwine, I will be thinking about you

nil illiegitimo el carborundum

Big hugs,

  • Yummy_Mummy
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10 Oct 12 #360278 by Yummy_Mummy
Reply from Yummy_Mummy
Mine does the same thing.
There is something I find out very last minute just before the Hearings and funnily I was the only one to see it; considering I am paying alot of money to a solicitor, even he didn''t notice. When I brought it to his attention, he stated that the Court will not be interested.

I guess if he can afford it then he can live in it as it is his money and he can do what he likes, again something that my solicitor pointed out to me. I know it annoyed the hell out of me too whilst me and the kids went without.

He may have increased his outgoings in such a way so that he has to pay minimum or less - mine did that too.

Unfortunately I got stung like many.
I hope you won''t.
Point out your concerns in Court.

All the Best and let us know how you got on.

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