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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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Form E has been filed and possible outcome

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12 Sep 12 #355355 by babaloo_123
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I''ve been feeling very despondent today. We filed our form E''s at court and done the exchange.What I read in his has shocked me and just cannot believe what he''s just done.

Firstly, he stopped all sorts of financial help but still continued paying the rent of previous MH until June. Since July me and children had to go into temp housing with the council until such time as Divorce settlement is sorted.Fist hearing is in Oct ''12. My traveling costs have increased due to not living in the same area as where my daughter''s school is. He has equity in his property of £160,000.00 which he bought with monies from previous marriage plus savings of £80,000. Other assets are car and bike as recent as 4 months ago.

I need assistance please as I''m self repping.
My side looks very grim with no savings left after using it towards the family''s outgoings, food, children''s needs and my traveling costs. My salary was half of his and as he insisted I maximize my hours which was agreed with my employers in April. He has now halved his hours in August 2012 making his salary now on par with my income. He has also given up his company car and advised that some of his savings is allocated to his 24 year old daughter from 1st marriage to get her on property market property and rest
I own a property abroad with equity of £21,500.00 which was bought for my children and I while still living there.

I joined my husband in the UK 5 years ago with high expectations as this is what he promised us to get us over here.They''ve now finally settled in after being very unhappy in the beginning, and not happy to go back now!
He made our lives a living hell and counted every penny being spent and looking at his form E attachments, made me want to cry. He''s recorded every penny he gave me or what he''s contribution was towards "the family" He was the najor contributor toward the home expenses.

I have not been as clued up as he was and cannot show what and how I''ve spent my savings and what I used for food, etc. My house abroad has been burgled and damages amounting to quite a bit which I cannot afford to repair and for now unemployed
daughter and grand daughter living there as house cannot be rented out in its present condition.

Will the court look at; that he''s brought us over here and cannot expect us now to be living on government hand outs. I cannot claim legal aid nor housing benefits due to the property owned abroad and the possibility of a financial settlement. My debts are mounting up and there''s no way I can afford to be living in private rent until at least my daughter finishes at uni in 3 years (she lives at home)and the youngest her GCSE''s at least.

He has offered £10,000 to which he says I can use to go back.

Our first hearing in October.

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13 Sep 12 #355550 by babaloo_123
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Anybody out there to give a bit of input?
Very anxious to hear what other wikivorce members think and will this case go his way? Should I just accept his offer of £10,000.00 and get on with my life even though I know the amount is not going to last for long.

Him now deciding to work part time hours means it seems on paper he earns less than me! He has another job which he says he only does consulting and the estimated income for the next year is £1,000.00 pa!!!

I worked 20 hours a week up until Feb 2012 and on his persistence finally got my employers to increase my hours to 30 a week to maximize my income and he now turns around and reduces his!

Will the courts question this?

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13 Sep 12 #355575 by soulruler
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I am not sure that you will do very well based on what you post if this goes to court.

The reasons being that you do have a property abroad, it sounds like a short marriage where you have fairly mature children and he has children himself from a previous marriage.

Also the money for the house came from his previous marriage/life and it sounds like the savings also.

I don''t think a court would be particularly impressed that he reduced his working hours and got rid of company car but in practice what will they do about it?

I think he has rights to put aside some capital to get his daughter on the housing market, in any case as you mention your relations are currently living in your house abroad for free.

I do feel for you as the promises he gave you have now fallen through but I would seriously think hard about fighting this through the courts.

I don''t know what others think - I can tell you that the court process is just about the most traumatic thing to go through especially when you are in the emotional state you are now in.

Is there no way you can sell your house abroad even if at a knock down price?

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13 Sep 12 #355642 by babaloo_123
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thank you Soulruler

I''ve never had a problem with him helping his daughter financially and was quite happy when he could build up his relationship with her again when he returned to the UK. She suffered a great deal when he and his prev ex decided to split.(3 year before I met him)and had nothing to do with their breakdown.(just in case someone thinks I was the cause).It''s his biological daughter, and naturally he is entitled to assist her getting onto the property market.

My case is probably a bit more complicated as what I''ve tried to explain in my post. My youngest is 12 years old and when we moved to the UK (on his persistance), had to draw up an affidavit whereby her biological father had to agree she could leave her country of birth and gave up his parental rights. My ex agreed he was going taking over that role while we''re in the UK. The same applied for the older daughter who is just about to start uni and now over 18 and no longer classed as a "child".

I could possibly sell the house abroad and make Britain our home, but would I really want to live here now that we''ve split and all my friends and family are over there?
I would not be able to cope financially buying a property here, as houses where we live, are extremely expensive and with my current credit rating, not very favourable to do that right now.

Life has been disruptive for the children as it is, and now doing it again because of a marriage breakdown, their education will be affected in a big way.

Am I able to claim maintenace for my youngest as she''s "a child of the family" although it would not be via CSA but for the courts to decide.

Any other thoughts on this would be greatly appreciated.
Perhaps I should also give my job and take it from there.lol

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13 Sep 12 #355644 by babaloo_123
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Give "UP" my job.LOL... a few mistypes there I think.

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13 Sep 12 #355648 by soulruler
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:(How very sad, the biological father giving up parental rights and your husband taking them on.

You say there is an affidavit. I have no idea when it comes to parental rights and how a court views them but hopefully someone with a good knowledge will be able to shed some light on what might or not be possible.

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13 Sep 12 #355654 by babaloo_123
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We needed to have a document to show to the British High Commission in our country that the father of the child had no objection the child leaving the country. My ex was so desperate at the time to get us over here, he agreed to take on the financial side of things. Now he tells me after realizing what a big responsibilty he''s taken on, "I had a choice whether I wanted to relocate or not". :-(

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