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Can i delay AR proccedings

  • madaboutcars
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24 Jan 08 #11688 by madaboutcars
Topic started by madaboutcars
Not sure of what kind of reaction i'll get on this one......

x2b and i split aug 05. My mum gave me £12k August 07 to clear my debts with a little bit left over (also paid my partners credit card off and we went on holiday). I believe my Decri Nisi is currently being logged with the Courts.
My question.... i would like to delay the AR appointment till after August 08 as I dont want the x2b to know about this money. Its not that ive got anything to hide but im on a very poor income (mature student) and mum clearing my debts has really held me survive financially.
Is it best to delay till August, can i do that?? or declare it on form E (mum paid money into my current account) and hope that she wont be able to get any of it....:(

  • Josh2008
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24 Jan 08 #11808 by Josh2008
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You are only to declare on form e, what you have and what you need, past expenditure unless seen as reckless cannot be used against you

Declare what you have with supporting documents, you are then being as honest and open as possible, and cannot subsequently be tripped up on it.

If it is questioned just provide an honest answer and prove it if necessary

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24 Jan 08 #11809 by sicofit
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you can declare it on the form e as debt... i.e oweing to your Mum AND if you are asked to provide bank statements for 18 months like I was it will show up.. but unless you have a really good reason for delaying FDR your stuffed.. just be honest other wise you might find it will come back and bite you!

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25 Jan 08 #11867 by IKNOWNOW
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You don't say whether the debts you paid off were pre or post the split of Aug 05. I would have thought that would have quite a significant bearing on things.

You say that the Nisi is being pronounced so the absolute could be applied for in 6 weeks and 1 day or (3 months + 6 weeks and 1 day - either way that is well before August). I think that would be seen as too much of a delay. If your x2b applies for AR then there will be deadlines set by the court. My application was made at the end of November and my First Appointment is listed for 12th Feb. I think there would be lots of questions asked if you were to try stalling things.

You need to provide the last 12 months bank statements, so it will show up but I think that without knowing what debts and assets you brought out of the marriage and what you have acquired since it is hard to really make comment.

You say you used the money to pay off your debts, which surely shows sense where money is concerned. You have been seperated for over 2 years so one would expect there to be things showing up in your financial background.

It is all relative; do you have children? have you been paying toward the upkeep of a property or paying some sort of spousal maintenance?

Seems this £12K is only a small part of the bigger picture. Sort it out now, that way it doesn't look like you have anything to hide (because you probably don't).

I can't see how waiting till August would help any to be honest.

Regards, Sarah

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25 Jan 08 #11904 by madaboutcars
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Some of the debts came from the marriage, some after. My reason for asking is, my x2b will not be claimimg anything from me - i dont have anything!! (apart from whats left of the £12k - £2k) but there is equity from the homes we owned, that she has.(this is what i will be claiming via AR)
When we split we went into bank and closed off our joint account and cleared outstanding debts.

I just wanted to know whether she will be able to claim any of the £12k or whether my share of equity will be reduced because i had this money from my mum. Im hoping that because we split over 2 years ago, this money is mine and would not be shared?? Am i right in thinking that??
FYI - x2b living with new partner (joint names on mortgage). I pay no sm but 15% of take home in cm.

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25 Jan 08 #11918 by IKNOWNOW
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To be honest, you don't actually have the £12K. IMO I can't see that there will be much said about the money from your mum; as long as you put all the information in your Form E about the money she gave you and the debts you paid off I can't honestly see a problem. You both have new partners and so your finances are going to have moved on from when you were together. I would have thought they would look at the equity from the FMH (although you mentioned homes) and whether there are any outstanding debts from the marriage. SM is not applicable as she has a new partner, so apart from a possible pension share, the only other things to look at are assets and debts of the marriage.

You don't say why you are going through the courts for AR, have you not tried to discuss this through mediation or your solicitors?

Regards, Sarah

(this is only my opinion, not based on anything legal)

  • madaboutcars
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25 Jan 08 #11930 by madaboutcars
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Sorry to go on.... but will x2b be allowed to know where the money went, i can prove some of it - i.e. debts but some was given to my partner to clear her own debts. I dont really want partners bank accounts being involved. (not living with partner but will be once divorced)
My x2b will NEVER agree anything via solicitor or mediation, already been down this road with access/over night contact, and taking my daughter away. X2b refuses every request so i have to turn to the courts to decide as she refuses to co-operate at all.
With regards to the £12k i have actually got a DD set up paying my mum back £200 a month.

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