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 sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


financial resolution sort after divorce?

  • davzd
  • davzd's Avatar Posted by
  • Junior Member
  • Junior Member
More
26 Jun 12 #339311 by davzd
Topic started by davzd
Have two issues which i need advice cor any thoughts on?
1.Ex-wife is refusing to disclose her nhs pension certificate to enable us to finalise fdr settlement.
2.I have a loan liability taken out for the enhancement of the former matrimonial home and the purchase of a car for the benefit of my ex-wife.
How can i make sure that this loan is taken inti account?

Any advice or thoughts from anyone would be greatly appreciated.

Background infor.

for approx 20 years divorced for 4 years and three children involved. Children''s act decision, Shared residence. Children reside with mother but stay with dad on alternative weekends and share ALL HOLIDAYS EQUALLY.
ISSUES:- Applicant(Wife) IT MANAGER ON 40k annualy and with a nhs pension.
Respodent(Dad) Teacher on 10k annualy and resides in former matrimonial home. Prior to child act decision children reside with dad and applicant paid child support. However now I (respondent) now pays wife child Support.
FDR hearing request my potential earning,Loan liability 60k and where children should live? Finaly wife refuses to disclose nhs pension which at 2009 was approx 80k. Equity in property 190k?

  • jonathancj
  • jonathancj's Avatar
  • Platinum Member
  • Platinum Member
More
28 Jun 12 #339735 by jonathancj
Reply from jonathancj
Is there any order for her to disclose her pension? There should have been. What reason does she give for not disclosing it? I cannot see how there can be a final hearing without it.

  • davzd
  • davzd's Avatar Posted by
  • Junior Member
  • Junior Member
More
28 Jun 12 #339793 by davzd
Reply from davzd
although the district judge asked her to disclose all her financial documents including her current nhs pension (cash equivalent transfer value) my ex-wife has refused to disclose. the fdr date has been set for14th august 2012. It is likely that the final hearing set for 14 august 2012 would not go ahead?

  • davzd
  • davzd's Avatar Posted by
  • Junior Member
  • Junior Member
More
02 Jul 12 #340487 by davzd
Reply from davzd
Prior to the hearing before the district judge made his decision that the fdr would be scheduled for a 2 day hearing the files were could not be located. However, the district judge made his decision. I requested a refund for legal fees as i had to pay for my brief.
The Court manager wrote back and I quote" The deputy district judge has confirmed that the lack of any documents already filed did not prevent him from dealing with the matter however my potential earning capacity , the family loans undertaken from friends and a relatives when we were marriaged and living together(i.e. my ex-wife agreed and benefited )from the loans.

Guys can someone advice, please.

  • davzd
  • davzd's Avatar Posted by
  • Junior Member
  • Junior Member
More
05 Jul 12 #341292 by davzd
Reply from davzd
What is potential earning? And if you got an accounting qualification but eversince 2005 you have trained and worked in teaching. Can your earnings be evaluated based on an accounting profession to inflate your earning?

Can someone advice, please?

  • TBagpuss
  • TBagpuss's Avatar
  • Platinum Member
  • Platinum Member
More
05 Jul 12 #341304 by TBagpuss
Reply from TBagpuss
I don''t think your accountin g qualification is very relevent. If you have not worked in accounting for 7 years I would assume you''d need to update your triaing to resume that role (it would be different if you''d given it up in the last year or so)

I would provide onformation based on your potential earnings as a Teacher.

In relation to the pension, i would write to her / her solicitors to say that this is essential, and that is it ios not provided you will be asking the court to adjourn the hearing and make a wasted costs order against her.

If the court does not do this, and she does not disclose it then you could ask the court to order pension sharing for 50% of her pension and 50% of yours, so you get an equal split regardless of the actual value, and also ask the court to order that she pays the costs of splitting her pension, and the cost of splitting yorus are spit 50/50 (or the other way around) as had she disclosed, so you knew both values, only one order and one set of fees would be needed.

  • davzd
  • davzd's Avatar Posted by
  • Junior Member
  • Junior Member
More
05 Jul 12 #341318 by davzd
Reply from davzd
Thanks for advice really appreciated.
But my objective is for my ex-wife to disclose her nhs (cash equivalent transfer value) pension which i believe would be approx £120k.
2.The equity in the property is appro £190k.
3. Matrimonial loans in which both myself and ex -wife benefited ( Home refurnishment, loan on ex-wife''s car, travel etc ) approx £60k.
Items 1 -3 are the only assets& liabilities i know about.
4. Finally i would like to reside in the former matrimonial home as i have done so ever since my ex-wife left in 2008 and i had to care for the children. Now we have shared residence and we take care of the children equally (on holidays, half terms)but my ex-wife has the children and i have the children on alternative weekends.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11