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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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What constitutes proceedings misconduct?

  • FabDad
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30 Oct 09 #158504 by FabDad
Topic started by FabDad
My ex has made all sorts of allegations against me with no evidence whatsover (as the incidents never occured in the first place).

The net result is that she was advised not to go for mediation, and I've ended up paying a substantial amount in legal fees so far. If it ends up with a Finding of Fact hearing, then obviously that's more cost to me.

Would the fact that she's lied throughout - on the Petition, on her form E, etc. - count as misconduct?

I fail to see why I should end up picking up the legal fees caused by her lying in the first place.

Any advice gratefully received.

Thanks.

Fab

  • mumtoboys
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30 Oct 09 #158514 by mumtoboys
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It'll be interesting to see legal responses to this fab. I guess you probably need to be in a position to prove that she's been lying - do you have paperwork that goes against what she's said on form E for example? That might help.

As far as I can see, the legal system in civil matters is a bit wishy washy when it comes to people who wish to mess about. The tenant of our formal rental property where stbx is now living, for example, succeeded in getting a CCJ against him back in March but he has failed to turn up in court since and has now succeeded in getting a penal notice attched to the next 'please bring your income and expenditure details' hearing which will take place in December - the last hearing (August)he didn't attend had this attached but they did nothing about it! I wonder what incentive he has to attend when nothing has happened for the best part of 9 months?! My solicitor is now threatening him with a penal notice because he has failed to provide information for a Maintenance Pending hearing (and he missed the form E deadline yesterday, not that I'm surprised)....

(takes a deep breath)....and he blatantly lied on his sworn statement used to try and get the Non-Mol Order against me (I had evidence of this) but nothing at all was said to him, nothing at all happened to him.....

(stamps feet and shakes head)

  • FabDad
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30 Oct 09 #158519 by FabDad
Reply from FabDad
Hi (((((Mum))))),

I can easily prove she's lying about income and expenditure - for example, her rent in her outgoings doesn't show on her bank statement! There's one cheque (which isn't even a multiple of the rent) in about July where she has handwritten on the bank statement "rent". I suspect the flat is rented by her step-father and mother since February from who are paying the rent. Her family are fairly wealthy - 8 properties in Sussex and a £250,000 bank balance from selling a previous home.

Would also explain why she wasn't ready to exchange form E's in April - because she hadn't paid any rent at all by then!

The other allegations she's put in the form E are the usual drivel which you've heard before!

Let's hope they both tie themselves into such a knot that they can never extract themselves.

Fab
xx

  • nbm1708
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30 Oct 09 #158526 by nbm1708
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My ex was proven in court and with substantial third party evidence that she not only had a second income source from her own business which was set up in 2003 and still running today. Had non disclosed this to the court as she was asked out right at the first hearing by the judge (again proven as transcripts from the case where used) and also non disclosed it on her form E where she stated that she received no income from anywhere.

She also refused to disclose on her form E etc that she also had a new employed job (conviently for the minimum number of hours and rate so as to claim the maximum amount of WTC etc) and I had to provide again third party proof as the company had put an advertisement in the local paper welcoming her.

She opened a new account so as to hide an insurance payout that she received 6 months before the final hearing and then blew it on trivial stuff whilst claiming poverty as she ran her disclosed account in her overdraft following one of the hearings where it was pointed out that she was claiming poverty and needed more money yet had £2.5k in her account. None of this was disclosed, it came to light via an error by the post office redirection service.

She obtained a duplicate registration document for a car that was not in her name and had been written off in an accident. Signed the registration document and then pocketed the money which again subsequently disappeared.

Was shown to have put her alledged entire salary for her employed job (gross not nett) on to a credit card, all in cash and amounting to £7k in 3 months for which again statements where never provided.

The list is endless and still nothing was done about it. The only plus side is that costs were not awarded for any part of the divorce whatsoever. I acted as LIP and my ex's came to about £50k. The case was not a big money case and amounted to my pension and the house and ended up as a 55/45 split with 3 children.

The view taken by the courts is that if it's discussed to an official party where a party has broken the law then they have to disclose it to the relevant agencies which will discourage people in family cases from being honest and operating full disclosure. The fact though that they were being dishonest in the first place does therefore make it abit of a joke and makes it look as if that unless it's something major that they are avoiding additional work instead.

T

  • Fiona
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30 Oct 09 #158528 by Fiona
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The divorce, Ancillary Relief and children are all treated under separate proceedings. Conduct is very rarely a factor in determining the splitting of assets unless it would be 'inequitable' to disregard it eg evidence of DV preventing a spouse from ever working again. Therefore a finding of fact hearing is irrelevant to financial proceedings.

It is the overall conduct during ancillary relief proceedings that is relevant to the penalties in costs. There is a cliche that family cases are difficult because everyone lies so inaccuracies in form E might be overlooked if the information is provided in answer to the questionnaire. As far as the court is concerned the priority is to reach a settlement.

However, when there is gross misconduct under the Family Proceeding Rules 1991 factors for consideration on making any costs orders in ancillary proceedings are;

(a) any failure by a party to comply with these Rules, any order of the court or any practice direction which the court considers relevant;

(b) any open offer to settle made by a party;

(c) whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue;

(d) the manner in which a party has pursued or responded to the application or a particular allegation or issue;

(e) any other aspect of a party's conduct in relation to the proceedings which the court considers relevant; and

(f) the financial effect on the parties of any costs order.

  • FabDad
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30 Oct 09 #158548 by FabDad
Reply from FabDad
Fiona,

If I had known I'm supposed to lie, I would have done so already! In fact, I wouldn't, but rather disturbing that so many people do.

Fab

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30 Oct 09 #158560 by Fiona
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Actually I think everyone lying is rather exaggerated, but with divorce the emotions and motives are so strong that even the most honest individuals find themselves getting farther and farther away from ­­object­­ive truth

Çomplete disclosure can be very difficult, time-consuming, costly and give rise to conflict damaging long term family relationships. A judgment is therefore often necessary on what more information can be ascertained, and at what cost and over what period of time and at what benefit to an improved settlement.

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