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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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What will a judge decide?

  • Mazz
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11 Jun 07 #716 by Mazz
Topic started by Mazz
Can anyone help with the above please?

What will a judge decide? Has he / she already made up their minds before we go into court?
My husband has been playing a horrible cat & mouse game with me for the past 2 years. He didn't trust mediation and a further year down the line he's suspicious of his solicitor and now has a barrister.He's never worked while I work 40 hour weeks supporting the family. His fees are paid by legal aid.
I bought the house with his name on the deeds and when we seperated I told him we would go 50/50. He wants more. He's withdrawn £10,000 from his own account over 2 years and no one knows what he's done with it. I never wanted it as it was left to him when his father died.

He hasn't provided evidence of his savings / spendings etc and has deliberatley withheld information from me, and his own solicitor. I know he will have a new bank account and this £ will be sitting there waiting for this to all be over.
He wants to buy me out of the house using the finances of a property developer friend, but this will still leave an outstanding mortgage. He doesn't work,how can he afford to legally pay off the mortgage? Will the judge ask him to explain this?

His barrister wanted us to settle before we went into the courtroom, do you think the barrister knew it wouldn't go in his favour?
Has the judge already looked through all the papers and made a decision. How do these things normally end.
It never got settled and I am waiting to see if the husband provides the financial information I asked for. Can I ask that if I don't like his answers and believe there to be some underhandedness, can I ask to take it back to court. Paying the solicitor and court fees would be beneficial than handing over everything to a man wants more than I have to give.

We did go to mediation last summer but my husband didn't trust the mediator and refused to listen to anything they tried to offer.I'm extremely confused over this, can anyone help please?
Regards and thanks
Mazz

  • LittleMrMike
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11 Jun 07 #721 by LittleMrMike
Reply from LittleMrMike
I wouldn't worry too much about the judge having already made up his mind. He will have read the papers and will be bound to have formed a provisional view, but must always keep open the possibility of changing his mind in the light of the evidence at the hearing.

Is it altogether too simplistic of me to suggest that, if your husband has not produced the information required by form E, you simply apply for a Court order compelling him to produce it ? Then if he doesn't comply, he may face a few weeks in the Scrubs. Generally, I think these shenanigans will not help his case one bit. That may perhaps account for the offer to settle. You never know, they might be as fed up with him as you are.

Mazz, I'm reluctant to say it, but you have solicitors acting for you, so why not take their advice ? Above all else, you do not want to be landed with having to pay his costs. With the best will in the world, people who reply to posts on this site are not experts, although some have a very good knowledge of the process. It is very unlikely that their advice will be better than what you would get from someone who specialises in this field and does nothing else.

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