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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.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


more than one settlement

  • jenny101
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11 Mar 08 #16478 by jenny101
Topic started by jenny101
A relative of mine is going through a divorce. They separated once years ago and divided up their joint assets privately, largely in her favour because he earned more, they got as far as a Decree Nisi but never completed it.

Then a few years later they reconcilled, she'd squandererd all her money and she moved in with him, on the agreement that finances were kept separate. The houe was solely in his name when she moved in and he kept it that way. He paid all the bills, she just used her wage to pay her debts and whatever else she personally needed.

They've split now for good, and they verbally agreed that he would give her 10.000 and his car, and she was supposed to comlplete the divorce. She didn't. she has since spent the whole 10,000 on god knows what (gambling he thinks) and is now taking him to court for even more! How many settlements does she want. any advice or help would be greatfully recieved

  • dukey
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11 Mar 08 #16488 by dukey
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Hello Bos

The problem is verbal agreaments are worthless your friend MUST complete the divorce with a Clean Break Consent Order (if they have no children under 18 16 if not in full time education) when that is done his wife can never come back for more, ii cannot stress how important it is to complete the process he started or it will go on and on.

dukey

  • TMax
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11 Mar 08 #16491 by TMax
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IM afraid your relative is basically up the river without a paddle. I’m in exactly the same boat and I have to go through it all again,

From the way my sol is acting it appears that you will have to prove 100% what took place, it will all depend on the judge on the day believing those splits took place and the wife is lying.

Take great care again from what appears to be happening to me, if his wife turns round and says he was responsible for all the previous cash disappearing and she had to do what ever he said or face the consequences... it appears she will be believed not him. he has to prove his innocence not her prove it happened.

You will have to find every bit if evidence as to what took place ie bank withdrawals and dates handed to wife if you have cheque details, witnesses (these may have be called to court). Bank statements (which youl have to pay for Grrr). Proof of debts he paid back, from when to when and what interest was paid on any shared signature loans basically if he says it happened he has to prove it. Not her prove a thing.

Same thing with me I took on all her debts plus shared debts, she received a lump sum payment signed for with both solicitor hers and mine, the sols handed the cash over as she said she wanted to go away, she took the cash ran and we were never able to get her back to court for the FH, in the end her sold dumped her for not replying to them, when she had blew all the cash came back saying she wasn’t able to focus on what she wanted at the time as was an alcoholic, depressed and on tablets... it took her 3 years to decide this and is in debt way over her head never paid a single bill with any of the money she had just spend spend spend, I worked it out she had an average spend of £485. pw inc her benefit since 2004, never told the council about it so was still in receipt of all benefits. I’ve rambled on so Ill shut up LOL, if he gets an answer to his probs from a legal source then please come back to let us all know the outcome, there are a number of us in a similar boat.

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12 Mar 08 #16553 by jenny101
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Hi, thanks for response. Have passed on comments and luckily he has pretty detailed financial records. He also has HER bank details, real bonus. He has talked to a solicitor who reckons that as he can prove the financial transactions, theywill at least be taken into account when any judgement is made. Only problem is that as she is now far too depressed to work apparantly - amazing how someone can run a car, eat, pay their bills and smoke on £80 a week isn't it - the judge may award her another lump sum. Will let you know any other points or outcomes that may be of help in your or anyone elses case. Good luck.

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12 Mar 08 #16554 by jenny101
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thanks for response, have passed comments on and he will most certainly get the Clean Break order when this is finally over.

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