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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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unfair court outcome

  • Spams
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25 Jan 08 #11915 by Spams
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My sister received a totally unjust decision today. She lives in the marital home with her son who is 9. Her ex has never maintained the house or paid the mortgage. He is a compulsive liar and has lied about his earnings. My sister has paid the mortgage, she paid the deposit, stamp duty on the house. She works as many hours as she can but obviously has to collect her son from school each day. She is the most honest and hardworking person I know, her ex is the total opposite. Today she was told that she has to pay her ex a lump sum of £37,500 by April 24 or sell the house. She cannot remortgage as each month her outgoings are over what she earns. I thought she would be able to stay in the house until her son leaves full-time education. She provided evidence to prove her ex has lied about earnings etc but obviously the judge chose to overlook this. She has also been told that he is entitled to 50% of her pension. He has never bothered to sort out a pension for himself and he still has over 20 years to pay into one. I think the decision is appalling, where is the justice in this world. I believe there was foul play here. Perhaps the judge has been paid a backhander or the ex's solicitor is sleeping with him. Anyone who is sane would never have made such a dreadful decision with the evidence staring them in the face. What on earth does she do now?

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06 Feb 08 #13005 by Vail
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Spams,

I am surprised that no one has answered this post. I don't know the legal process or justification for an appeal but I think your sister ought to get advice from the CAB a sto how to do it and then flatly refuse to sell the house.

The court won't know whether she sells or doesn't sell so it'll be up to her x to go for an enforcement order. Her action in not selling the house needs firm resolve and determination and once embarked upon must be adhered to.

In the meantime and under advice, your sister might be able to get the decision reviewed - I understand that once that happens it cannot be enforced until the review/appeal is heard.

Good luck!

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06 Feb 08 #13043 by juttabeck
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What you don't say on this one is how much the house is worth, or her pension. If it is a very small share of the house that she is required to pay, I think you would be lucky to get the decision reversed. It may be worth selling the house to keep the pension intact, do you really want to be reminded of this person's behaviour while you are drawing a reduced pension every month?

We got stung the other way around, and I must admit, though I really do have sympathy, particularly because her outgoings are in excess of her incomings, I can't say I am surprised.

Also, even if he is lying on the form E, you need to prove it, and even though we could prove it, and did, it made no difference to the Courts decision.

Any Court decision also depends to a large degree on the Court involved, if you are a cheating, lying woman lieke my partner's ex is, then go to the Principal Registry in London, they will take your word as gospel, with no evidence and no proof of any allegations....

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06 Feb 08 #13056 by Elle
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Spams,
You have a limited time to lodge an Appeal. You need to show that the sheriff sitting erred in law or a finding in fact....it is very hard to lodge an appeal out with the time limits set so time is of the essence.....once lodged you can change youe appeal points....but its imperative you get it lodged ASP
Elle

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10 Feb 08 #13440 by Spams
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Thanks to all who replied to my message. My sister is going to appeal the diabolical decision made by the incompetent judge. Will let you know the outcome.

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10 Feb 08 #13442 by Spams
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The house is in a poor state of repair and would probably only sell for £120,00 max so by the time she has paid her greedy ex and the cost of selling there wouldn't be enough left to buy anything else. Her pension is pretty good, she works for civil service and has built up a good pension through hard work. Her ex has never been responsible with money and has 20 years to pay into a pension of his own but would rather spend money in pub. He is a complusive liar and has never paid the tax that he should (he is self-employed) but he gets away with it.

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