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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.

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.


Not A Penny He Says

  • Vail
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12 Sep 07 #3285 by Vail
Reply from Vail
Hello again!

Disposition means "disposing of" eg selling the marital or second home/time share etc., selling a painting, transferring shares into someone else's name - basically flogging off or hiding money/things of value.

As an account holder you should be able to get copies of statements from the bank. Even if you can't you can demand them from your x when it comes to submitting form E.

Cheers!

  • Shelia
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12 Sep 07 #3298 by Shelia
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When you fill in form E when you apply for ancilliary relief, bank statements on all bank accounts going back 12 months need to be provided. This will show the movement of money. You can get back copies of statements of bank accounts you jointly held if you don't have them.

If you can prove what he left with and a lot is missing, he can be asked where it went. Hope this helps.

  • IKNOWNOW
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13 Sep 07 #3305 by IKNOWNOW
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Hi, Karen (me again)

The bank are really good. I recently asked for a copy of a cheque written 4 years ago to prove that we paid one of his gambling debts from the proceeds of our house sale. They done this with no problem - they could also confirm certain payments made eg transfers were to accounts not in my name but due to confidentiality couldn't confirm they were his but the bank statements from 4 years ago have the account details which my solicitor could request from my x2b. They could confirm that they were not from closed or active accounts, so the account doesn't have to be one that is still open for them to access information.

You say that your x2b closed your joint account! Did you sign paperwork at the bank to allow that to happen? I was advised that they need both signatories to close the account down - either of you can freeze the account - which I did, to stop him taking the little amount that was left after he wiped most of it out but until the overdraft is paid & the account is in credit and he decides to get off his backside & go to the bank to sign his part of the paperwork it cannot be closed. I would check with the bank if you have not signed to allow the account to be closed.

I would advise you to speak to your solicitor with regards the other assets that may "disappear".

Kind Regards,

Sarah

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13 Sep 07 #3309 by scottishlady
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Hi Sarah....
Thanks again for taking yet more time to comment....
Yes... the bank sent me a form to sign to agree to close the joint account....
Up until all this kicked off about 8 weeks ago now.... there was nothing irregular going on with our bank activities.... but when it started he withdrew 2 reasonably large amounts in cash from our account, pretty much wiping it out - I have the paperwork to prove this..... can he be made to account for this?... I also have his new bank account number (through his own stupidity).... I imagine he deposited the money in there.... can a court 'freeze' that account?
Thanks again
Karen

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