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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.


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Stolen Money

  • chole
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09 Mar 08 #16285 by chole
Topic started by chole
Hello
I hope someone can give me advice. My husband has left our home after a year of marraige. He committed adultery and doesn't want to return. This is the reason for our marriage breakdown and i will be petitionig for divorce. However, his solicitor is saying that he has grounds for divorce on my financial inpriaty. They are alledging I have hidden or stolen monies from the joint avvount. I haven't its been taken from the joint account to fund my sole named current account of which many DD and credit card payments come out of. However, in the past year I have lent a member of my family £16,000. This has been paid to this person in sporadic amounts over the past year. I funded this by remortgaging a property in my own name and using a further advance. My husband never knew of this arrangement. would this be deemed as unreasonable behavour when it gets to court, as i understand that i will need to present my bank account statements to date as part of finanical disclosure. Should my solicitr inform him and his solicitor now before they see for themselves in the months to come? I am really worried that i have done something wrong, what shall i do?

  • bluewrc
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09 Mar 08 #16288 by bluewrc
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hi
in a not so similar position but dont know what to do i cashed up some shares etc and loaned out the money to family friend on a friend basis nothing written up etc.. problem is I done it without telling the ex and now dont know how to put the money back without it looking like I am up to something, friends keep telling me not to worry but how can you when the court hearing is looming. I have already found a new partner her ex bought a another house and kept it off the form E even though she knew, before their divorce settled when he was questioned in court by the judge he admitted to buying another house as a trust for the children and the judge said nothing plus he got a larger share of the assets does not make sense. I have asked subtle questions to My solicitor who just goes on about money laundering which then makes me worry even more so how do you put it back after taking it out as cash. If you get any good ideas passed to you would appreciate any good answers you might get.
sorry not much help to you thanks

  • attilladahun
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09 Mar 08 #16292 by attilladahun
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The reality is that you have done this and it is unwise to compound matters by hiding it!

Let us say that in the case you are entitled to £60,000 -The worst that can happen is that the Court essentially says that part of the £60,000 of yours has been lent to the third party -so there is every incentive on you getting it back!!!

All you have done is take equity from your own property-albeit secretly-hardly a hanging offence-as long as you disclose where the money is.

On occasions in cases people get worried in case the lending of such money is taken to mean more -for example just because the money is lent to another man it implies another relationship etc. At the end of the day tell the truth!!

Its not theft...as there is no intention to permanently deprive the owner of it.

If an asset is missed off the form E it is always to "come clean".

Don't confuse the grounds for divorce and "conduct" in financial proceedings. It would be conduct if you did not reveal the asset being the loan in the form E. It may have been unwise but that does not mean the Court will hold it against you.

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