I am filling out my form E for voluntary disclosure (not for court) and could do with some advice about how to fill in some of it.
I don''t need detailed advice about the finances themselves, but here is the basic history.
Ex wife 33
Married for 5 years, cohabited for 3, no children
I previously had a job earning £21.5k, forced to give up due to ill health currently retraining, now living off income from rental £6.5k. Pension of £8k
my ex earns approx £31k with a pension of about £20k
I had a house (current value £105k, equity £7k) before we were cohabiting (currently living off rental of that) which is an interest only mortgage, and I put all the deposit of £25k into the marital home.
My ex is living in the marital home(current value £150k, equity £20k) and paying the mortgage.
Neither of us have any other significant assets.
I am living at my girlfriend''s house, and my girlfriend is 7 months pregnant.
My ex will be hurt to find out we''re expecting and I''m afraid that this might just make her more stubborn and not prepared to negotiate.
My questions are :
1) although I live in my girlfriend''s house, I don''t pay rent (can''t afford to!) and i have no security of residence there. If I were to part from my girlfriend I would be homeless and probably liable for child support payments. How should I answer 1.16? My ex has indicated that she thinks she owes me less because I live with my girlfriend, but she doesn''t know about the baby. I''d rather not tell her, how much difference does living with a new partner or having a new baby make, I''m not looking for SM?
2) my ex has indicated that she thinks I should pay half the mortgage payments on the MH, since we split up. Presumably this means she should pay half the mortgage on my property? How do we square the fact that she benefits from having payed off capital on the property in the repayments, whilst mine is an interest only mortgage? Also she has had the privilidge of living in a large comfortable house, whilst my house is considerably smaller.
3) when looking at 3.1 can I include needs that I currently can''t afford, like running a car, gym membership etc, all of which we both enjoyed when we married and I was working. Should I include the £250 a month I give my girlfriend towards food and utilities?Should I mention contributing towards the upkeep of the new baby? If I do, what on earth do I suggest as needs for a new baby? Should I look at the costs of baby equipment and assume I should pay half? Again, unless this makes a big difference to the outcome it might be simpler to not mention it.
In section 4 should I mention that I put all the capital into the marital home, or is that all water under the bridge now? I presume I have to mention that I live with my girlfriend here? ( this is annoying because I''m fairly sure she is just waiting for the finances to be settled before she moves her boyfriend into the MH)
Lastly how do I know what to ask for in section 5 or should I leave this blank? It''s not going to court at the moment. Until I see her from E I can''t be sure about her assets. Could I just suggest a 50/50 split of all assets?
if your girlfriend is 7 months pregnant and you are just trying to sort finances yourselves not at court stage then i would say yes mention the baby as you will not have this sorted out before your child is born.
your child will be a gift to you and your girlfriend but in the eyes of the law a (liability) and commitment for you for the foreseeable future, the 250 pounds a month towards food and utilities are your rent that you say you are not paying towards is your girlfriend on benefits buy any chance? if not you have nothing to hide here you have both moved on open disclosure is more likely to reach you a reasonable settlement you can suggest a split at any time but it dosent mean it will be accepted, alternitavely you could wait to see her disclosure and take it from there .good luck