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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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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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Financial Disclosure ???

  • scottishlady
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30 Sep 07 #4148 by scottishlady
Topic started by scottishlady
I wonder if anyone can help me.....My solicitor has written to my x2b's solicitor asking them to ask him to come up with a 'proposal' regarding paying me some sort of contribution towards the 'running of the house' costs....she has said that the 'deadline' for this is tomorrow.... otherwise she will file at court for maintenance pending suit.....
Now...I understand that....
She has also asked them for 'financial disclosure' from my x2b... as well as from me - the 'deadline' for this is 31st October... I was under the impression that this was something we did farther down the line... I have no problem putting everything together... but I'm quite sure my x2b will lie through his teeth about his financial position...
Is this something that happens without court involvement?... and if I 'KNOW' he is lying on this form E.. what can I do about it?
Thanks for any advice
Karen

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30 Sep 07 #4149 by OBEs 1 canoodly
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Karen

From what I can gather what your solicitor may be doing is applying for some maintenance for you now whilst you are working out the finer details of the Ancilliary Relief.

As far as the lies you say you think your ex may put on his form E I am afraid it is ok 'knowing' these things it is another thing 'proving' them.

If you have absolute proof then that is fine but I don't think you can use "hearsay".

For example we knew that OBE's ex wife could get fantastic accommodation through her job but not once did she mention this. We knew this and we knew he could have got a better settlement from her selling the FMH but we couldn't prove it unless we'd have known someone who worked in that department that we could have asked for written proof.

If you have all this evidence then you will be laughing all the way to court but if you don't then I'm afraid you will have to employ an exceptionally good Barrister to draw the truth out of him at the FH.

I'm no legal but I think this may be right as "proof is paramount"!!

May the luck be with you

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30 Sep 07 #4150 by OBEs 1 canoodly
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Karen

From what I can gather what your solicitor may be doing is applying for some maintenance for you now whilst you are working out the finer details of the Ancilliary Relief.

As far as the lies you say you think your ex may put on his form E I am afraid it is ok 'knowing' these things it is another thing 'proving' them.

If you have absolute proof then that is fine but I don't think you can use "hearsay".

For example we knew that OBE's ex wife could get fantastic accommodation through her job but not once did she mention this. We knew this and we knew he could have got a better settlement from her selling the FMH but we couldn't prove it unless we'd have known someone who worked in that department that we could have asked for written proof.

If you have all this evidence then you will be laughing all the way to court but if you don't then I'm afraid you will have to employ an exceptionally good Barrister to draw the truth out of him at the FH.

I'm no legal but I think this may be right as "proof is paramount"!!

May the luck be with you

OBEs 1

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30 Sep 07 #4151 by OBEs 1 canoodly
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Karen

From what I can gather what your solicitor may be doing is applying for some maintenance for you now whilst you are working out the finer details of the Ancilliary Relief.

As far as the lies you say you think your ex may put on his form E I am afraid it is ok 'knowing' these things it is another thing 'proving' them.

If you have absolute proof then that is fine but I don't think you can use "hearsay".

For example we knew that OBE's ex wife could get fantastic accommodation through her job but not once did she mention this. We knew this and we knew he could have got a better settlement from her selling the FMH but we couldn't prove it unless we'd have known someone who worked in that department that we could have asked for written proof.

If you have all this evidence then you will be laughing all the way to court but if you don't then I'm afraid you will have to employ an exceptionally good Barrister to draw the truth out of him at the FH.

I'm no legal but I think this may be right as "proof is paramount"!!

May the luck be with you

OBEs 1

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30 Sep 07 #4152 by scottishlady
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Thanks for that obe's 1....
Yes, I understand what you are saying.... and I know that I will have the onus of proving he is lying on me....
As a wise man on this site told me once.... money/paper leaves a trail....
I know that he is working - earning approx 1K a week.... I know where he is working.... will he be asked to provide payslips re this employment?..... and will those be 'matched' against his bank statement?... if, for example.... his bank statement shows a balance of 2K (for example).... and he has been earning approx 1K a week, will he be asked where this money is by anyone?.... and have to prove it?
Also.... he says he is living in rented accommodation... but I think he is infact living with his new partner (she owns a guesthouse).... will he be asked to provide 'accommodation costs'?..... it seems to me that his new partner could just write a load of receipts for him to make it look like he is actually staying in her house as a 'paying guest'
I'm quite sure I am going to have a battle on my hands re this matter - so I'm just looking for any advice/comments/opinions that I can take on board....
Thanks again

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30 Sep 07 #4154 by PETAL
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Karen

I did form E twice one disclosure was not sworn as no one had applied ancillary relief.

Useful to see bills on house , you may not be having hols and spending now but I was told to put what I usually have not what I was spending when I was left paying mortgage and all bills for last 18 month.

Mine lied through his teeth. Errrr I have no pension honest gov and my Bang and Olufsen assets are yesrs old that I removed from the house worth 20k put down as £500 thing is I had valuations from 2 stores.

Then the affidavit hello pinochio!!!!!!!! He said he paid for everything and even tried to say he paid for dogs on his credit card.Dont think so. Ever bought a puppy on tick.

Anyway they dont do bugger all about the lies sorry to say. Mine lied the whole way through and even when court demanded a sworn form he handed it in 2 months late. Still court did bugger all.

He will give you run around and say he is pennyless. However lots of my sol bills spent arguing the toss and calling him a lyer giving evidence. Made no difference but fight if you can I remember yours is a geordie twat as well.lol

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30 Sep 07 #4160 by Sera
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Karen,
I'm following your thread here, because already in first mediation session, I see lies. lies, and then more lies! So, yes it is a matter of having to prove it.

My ex also does a lot of cash work, and I'm told the courts turn a blind eye!!! I can't prove his cash work. You can ask for his wage slips, and bank statements. Although it's harder for me because my ex is self-employed, and claims his business assets as '0'. (Erm, it was nearer 50k last time I knew!)

Since you're still in FMH, I'd just stay put until he co-operates. Get some intermediate payments, and then, when he realises how much it's costing him still, he might get his finger out, and start dealing with issues.

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