Now that my x2b has digested the petition, he now says that I did not pay him enough for his share of the house. If he were to go the property adjustment order route, could he force me to sell the house?
He has also admitted to watching the house and who enters and leaves, should I be worried by this or go down the injunction route? He does know that I have met someone else but is now stating that I was seeing them all along, which I wasn't, and apparently I will pay......
What I forgot to add, he worked for nearly 12 months without declaring any tax, national insurance etc. and I have proof of this. I wouldn't really want to but if I was desperate, could this be used as a bargaining tool?
As a bargaining tool in court Im afraid the answer is no its a form of blackmail. But it could be used to provide evidence as to the lies a person can tell to get away with paying something in the lead up to it, all of course only useable by your soliciter if they need it. Nothing to stop you dropping names and as much evidence to the tax man and who ever else may be interested in that kind of fraud. it will be the final going away sting I would think.
If you tell your solicitor about H non payment of tax he/she is obliged to tell the authorities -Proceeds of Crime Act
This route gets you nowhere- and is vindictive
It actually fuels litigation as H then has a greater "need" to seek a £ claim!!!
If finances were not sorted by Court Order you may be at risk only knowing the details of marriage, capital, income and the s 25 factors could enable advice to be given.
People involved in divorce proceedings almost always want to know on what basis the Courts divide up the matrimonial assets between husband and wife if the Courts have to decide the issue. Indeed, this is what is at the heart of most divorce cases. If there is a dispute it is more likely than not to be about money. In fact, the relevant principles are set out in Section 25 of the Matrimonial Causes Act 1973 which, essentially, reads:-
"25 (1) It shall be the duty of the court in deciding whether to exercise its powers .... to have regard to all the circumstances of the case including the following matters, that is to say -
the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future;
(b) the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
(c) the standard of living enjoyed by the family before the breakdown of the marriage;
(d) the age of each party to the marriage and the duration of the marriage;
(e) any physical or mental disability of either of the parties to the marriage;
(f) the contributions made by each of the parties to the welfare of the family, including any contribution made by looking after the home or caring for the family;
(g) ...the value to either of the parties to the marriage of any benefit (for example, a pension) which ... (by reason of the divorce) ..that party will lose the chance of acquiring;..."
If x2b is harassing you then keep a strict diary and try to get neighbours and independent witnesses to confirm his actions. Take a dated digital camera a photograph him!!
Compalin to Police if necc they will warn him.
Send a solrs letter warning him you will seek an Injunction if he persists and claim costs of and incidental to the application.
If you have a boyfriend so what...it really is only relevant if you are co habiting or have a "settled intention of remarriage"
If so your partners inc/capital huse may be a "resource" to take into account -those assets are though NOT in the Matrimonial POT!!!
Before your relationship blossoms force the issue and if neccy YOU apply to Court to deal with financial claims.
If his behaviour is causing you emotional harm then you should apply for an injunction, otherwise I would see it as hot air and ignore it. Although legally it doesn't change anything emotions do get in the way and in reality meeting new partners often has repercussions.
Personally I don't like the idea that anyone gets away with tax evasion, but by reporting it you would be in danger of feeding a bitter cycle of provocation and retaliation. The result of this is usually protracted, expensive litigation and poor emotional and behavioural outcomes for any children who are caught in the crossfire.