A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


Do you need help going to court over a Financial Settlement?

Our consultant service offers expert advice and support for people who are going to court over a fair financial settlement, for less than a quarter of the cost of using a traditional high street solicitor.


Final Hearing

  • loobylu
  • loobylu's Avatar Posted by
  • New Member
  • New Member
More
03 Mar 08 #15621 by loobylu
Topic started by loobylu
Hi everyone!

This is my first post - unfortunately only discovered this site recently - really wish we had known about it before - it is amazing and would have really helped us.

My partner has gone through a terrible time, but is now (hopefully) near the end of things and has the final hearing next week.

We have a simple(?) question that we need help with - can you refer to documentation in court during the final hearing that is not in the bundle?

His solicitor (who has gone on holiday) does not want to include his bank statements for the period of time (five years) they were together as he feels that it may 'unbalance' the bundle.

However, these statements prove the massive financial input my partner made to his house both in terms of deposit, mortgage payments, bill payment and refurbishment works. They also prevent his wife falsely claimimg to have made any contributions.

Can we refer to them in the FH if we need to or should we demand they are in the bundle - your advice would be so good as we are now getting very nervous as the day approaches and don't want to make a huge mistake.

  • longjohn
  • longjohn's Avatar
  • Junior Member
  • Junior Member
More
03 Mar 08 #15627 by longjohn
Reply from longjohn
Hi, ad my final last week. From my experience it won't make any damn difference to anything! The court will split the assets in favour of the female come hell and high water. Don't construe I'm bitter, my split was 88% her & 12% me on £520k of assets. It will only ever be wot it will be. When your face hits the floor it's how you get back up again that counts, suggest you both dig deep!

  • BVG
  • BVG's Avatar
  • Elite Member
  • Elite Member
More
03 Mar 08 #15628 by BVG
Reply from BVG
Wow longjohn,
Thats pretty damming, I would like to know more about your circumstances!
How long married, children etc if that's ok with you.


I'm waiting for my FH date!!!!!

  • Young again
  • Young again's Avatar
  • Platinum Member
  • Platinum Member
More
03 Mar 08 #15629 by Young again
Reply from Young again
Loobylu,

One can bring documents to the court that are not part of the bundle, just in case one needs supportive evidence should the judge ask a question.

For instance, you could put one old statement in your bundle as an example to show the level of financial input your partner made and then bring three copies of all the rest to court with you.

It works like this:

1 Your partner says he made a massive financial input, refer to bundle page XXX.

2a It's decided as irrelevant - nothing further happens.
2b It's decided as relevant, your partner's x says the staement is a one off and unrepresentative.

3 Your partner says, "The statement in the bundle is representative and I happen to have here in court a copies of the last 5 years for you sir/madam and for the x should it be required to view".

I was told this principle by an experienced solicitor but with respect to my x's months of abusive correspondence - put one in the bundle and bring the rest to show it wasn't a one-off or taken out of context.

Good luck.

  • loobyloo
  • loobyloo's Avatar
  • Visitor
  • Visitor
03 Mar 08 #15633 by loobyloo
Reply from loobyloo
loobylu... thats my name!!!!

longjohn I too would be interested to hear more about the circumstances surrounding such an unbalanced decision, pm or email me if you prefer
the origional looby

  • BVG
  • BVG's Avatar
  • Elite Member
  • Elite Member
More
03 Mar 08 #15634 by BVG
Reply from BVG
Oh no 2 loobies, how much can we take!!!!!

  • longjohn
  • longjohn's Avatar
  • Junior Member
  • Junior Member
More
03 Mar 08 #15635 by longjohn
Reply from longjohn
BVG,
Not intending to be damning but the reality is thats how it's worked out! Married 23yrs, my petition for "unreasonable behaviour" (yep she's a cheat), 3 kids - 19,18&16. Major disparity in income, her £18k me £70k. Lost the house, my pension raided at 27.5%, lost some savings and I've had to pay her legal fees. All I've got is an endowment policy worth bout £50k and my Barrister advised me this was a good deal all things considered. Next battle is CSA payments I've been warned to expect 20% of salary for 12 months then 15% of salary for a further two years.
The real insult is the two eldest will be leaving home completely and she's already moved the 3rd party in!!
Whilst I've got every right to be bitter I refuse to be, it'll only eat me alive...........
The court runs to a specific formula and nothing can change it. Reach deep down into the pit of your stomach and hold on tight. Remember when you fall flat on your face it's how you get up again that counts.......

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11