A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


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.


FDR - It didn't happen!!!!!

  • markhensby
  • markhensby's Avatar Posted by
  • Junior Member
  • Junior Member
More
13 Mar 08 #16698 by markhensby
Topic started by markhensby
I attended a suposed FDR on 3 March. I had previously asked for an adjournment of the FDR as neither side has all the paperword ready, in particular bank statements. At the FDR, there was no discussion of affairs. This was mainly becase a Consent Order had been drafted that is ok by me provided that our house sells: it is under offer but as of yet no exchange of contracts, and I am reluctant to agree final terms untilthis happens - it took us 2 years to get an offer, it's a problematic property. The judge then simply set a final hearing.

In short there was no FDR. The judge made some comment that he thought the Consent Order was about right, but he head nothing about the massive marital debts in my sole name that the other side have continually ignored. These debts were substantially incurred in renovating the family home. There is net equity of about 260k in the family home I have marital debts of 142k and I have been offered 35%, now reduced to 30%, following the supposed FDR.

Any ideas?

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
13 Mar 08 #16736 by Fiona
Reply from Fiona
When there are children involved their housing needs will be the first consideration. Also if there is a discrepancy in your incomes and you earn more you will be able to raise more to pay off debts. Where the debts not included on form E?

  • loobyloo
  • loobyloo's Avatar
  • Visitor
  • Visitor
14 Mar 08 #16747 by loobyloo
Reply from loobyloo
On this subject re debt, will the courts take earnings/potential when deciding who takes responsibility for debt or just take it out of the pot where then noone is benefited of the relief of the debt
thanks fiona looby

  • loobyloo
  • loobyloo's Avatar
  • Visitor
  • Visitor
14 Mar 08 #16748 by loobyloo
Reply from loobyloo
On this subject re debt, will the courts take earnings/potential when deciding who takes responsibility for debt or just take it out of the pot where then noone is benefited of the relief of the debt
thanks fiona looby

  • markhensby
  • markhensby's Avatar Posted by
  • Junior Member
  • Junior Member
More
14 Mar 08 #16750 by markhensby
Reply from markhensby
Hi Fiona,

There are 3 children, 11, 16 & 17 (age at hearing)
All debts were disclosed in form E
I am unemployed aged 54
Mrs X is 42 an is employed in education (following obtaining a qualification paid for from marital finances).

About £80,000 of the debts was directly incurred in renovating the house were bought as a wreck - it was not habitable. The other £60,000-00 was debt incurred in a business venture in whiich we were both involved in the Philippines before we bought the house.

I ma not easily employable and have been self employed most of my life but have had some disasters in recent years. I am blind in one eye and my right eye sight is failing fast, I also suffer from hypertension and possible bipolarity (manic depression) I have made no fuss about my disabilities so far.

My X stands to inherit quite substantially in the future and has delcared a non cohabital relationship with a man she has known longer than me, her previous boyfriend. My children tol dme without prompting that it is her intention to retire to Italy with her BF when they have left school. The BF runs a well established road haulage business.

I have no pension entitlement, not even State. The mareital home was my pension keystone. It is a large 6 bed house that we had intended to downsize in later years to buy outright something smaller. I was intending to teach pianoin retirement and she developer her teaching career, At present I am unemployed, I have no home and no pension arrangements at all.

  • attilladahun
  • attilladahun's Avatar
  • Platinum Member
  • Platinum Member
More
14 Mar 08 #16751 by attilladahun
Reply from attilladahun
Mark I am very concerned at this

What is intended

FMH to be sold and after the debts (clearly matrimonial debts) are deducted the net equity divided 70/30 to W?

Stand back and look at the issues:

Long marriage=starting point at 50%
W good job
W good Pension?
W will get CB+WTC+CTC
W healthy
W living in FMH clearly too big for needs=Sale of FMH to meet parties needs
W has B/F running sucessful business-if a Ltd Company (PM me with name so I an get Co Search?)

H no job
H no Pension private or State
H serious health issues
H has housing needs
Does H have contact
Is H likely to have "staying" contact

What can W raise on Mortgage?
H can raise NO mortgage

Sounds like nonsense....even if W says she needs £ for Housing she has income mortgage ability and a resource namely B/F

What do you have....what will 30% do for you??? Will it be enough to buy a house????

Do you have a solicitor???
If so has he read s 25 MCA 1925!!!
Why has he not got medical evidence about you and how this will affect earning capacity-massive error in running this case if not!!!

  • attilladahun
  • attilladahun's Avatar
  • Platinum Member
  • Platinum Member
More
14 Mar 08 #16752 by attilladahun
Reply from attilladahun
"My X stands to inherit quite substantially in the future

[A s 25 factor]

and has delcared a non cohabital relationship with a man she has known longer than me, her previous boyfriend.
[Do you have evidence she spends a lot of time with him so the Court will likely accept she will co-habit or remarry-if not why not-she will have to give evidence and it is important that the conversation of your C are put to her-if she denies and then she moves in soon after there may be grounds to set aside although a recent Court of Appeal decision has questioned this may happen)

My children tol dme without prompting that it is her intention to retire to Italy with her BF

[Do they go on holidays-if so why have solrs not got evidence of this by Questionnaire -if evidence against B/F is damning why not discuss with solicitors the possibility of seeking permission to subpoena him to final hearing?
If they are just friends and you can't prove any more it would be a dead duck but nevertheless W has to be asked the Q'n at final hearing]

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11