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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.

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E form, first appointment and ex won't play fair

  • Munchkin45
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17 May 17 #492346 by Munchkin45
Topic started by Munchkin45
I'm already divorced. But we didn't do a full and final. So judge said that I could to back to court. Sorry this will be long.
I had to go bankrupt as he stopped paying mortgage on family home.( it was in my name) he had a property in his name from before we married, also a house in his name, bought during marriage, with remortgaging family home. He said he would do an IVA. That's why I didn't sign a full and final, as we knew that there would be money after an IVA. IVA said he would have to sell the house.

I've now found out that when me and his 2 children were made homeless, he actually kept both properties that were in his name. (Even though I'd put a charge on one, I wasn't told he still had the property)

He sold the house (the one bought in marriage) for £200k profit.
He's not seen the kids for 10'years, and lied on CSA and only paid £137 a month for both kids and nothing me.

Anyway, I'm going back To court. First hearing is in 2 weeks, I've sent my e form and he hasn't. In the divorce he also didn't do the e form and turned up at the first meeting with nothing and actually told the judge to F off.

There was violence in marriage and threats after, so he can't be told my address. Can he be forced to send e form? Otherwise I will have to face him in court and it will just be adorned. A friend will be taking a day off work to be there with me.

  • Bubblegum11
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21 May 17 #492472 by Bubblegum11
Reply from Bubblegum11
I'm sorry to hear of your current situation. It does sound very stressful. I can't believe that you have been left with nothing and two children to care for whilst he had two properties.

financial disclosure is key to progressing the case and very little will happen until this is achieved. Your ex does sound like a rather unsavoury character and one who is unlikely to comply with the Court's directions. Unfortunately this will inevitability lead to some delays and wasted hearings whilst the Judge tries to force compliance. Ultimately he will have to disclose the information eventually.

Your are a LiP? It's good that you have a friend to accompany you at court. Particularly as there is a history of DA. Court can be very intimidating and daunting but try not to worry. I would write to the court to ask their permission to allow your friend to attend the hearing as a McKenzie Friend so that s/he can support you and take notes whilst you are in the hearing. A good alternative (if funds are really tight) would be to consider a formal/professional McKenzie Friend who can offer some familiarity with the Courts and processes.

All the best of luck - let us know how you get on!

BG11;)

  • Munchkin45
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28 May 17 #492675 by Munchkin45
Reply from Munchkin45
Thank you. I do have a McKenzie friend, so that will be a help.
Well court is in 2 days and funnily enough, still nothing from the ex. So I'm guessing if he turns up at court he will be empty handed

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