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Anyone able to offer me some advice please?

  • AnnoyedandAngry
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11 May 12 #329912 by AnnoyedandAngry
Topic started by AnnoyedandAngry
My ex-wife has applied for Ancillary Relief to court after she has failied to disclose her financial position voluntary through solicitors. The Decree Absolute was granted in April 2011. I was the Petitioner in the divorce and the ex-wife was the respondent.

No attempt at mediation has been made. Can anyone tell me what the likely settlement would be please? Below are some details:

Your respective ages: Me: 32 Ex-wife: 30

The number of children you have and their ages: No children

How many nights the children spend with each parent: n/a- there are no children of the marriage

The length of your marriage and any period of pre marriage cohabitation: Married for 6.5 years, no pre-marriage cohabitation

Your respective incomes: Me- £1450 pcm, ex-wife- £900 pcm

Your respective outgoings:
Me: Board to my parents- £400 pcm
Housekeeping- varies from £200-£400 pcm
Phone bill- £25 pcm
Car and its running costs £350 pcm
General living costs (entertainment
etc) £200 pcm

Ex-wife: Lots of CC debts, payday loan debts etc.

Your assets: Former matrimonal house. On the market at £145k, mortgage £120k. Arrears approx. £2.5k. Neither party is paying the mortgage as neither party can afford to. I was forced to leave the FMH due to my ex-wife taking out a non-molestation order and occupation order against me. I was paying the mortgage prior to this, but I was forced to leave I have had to move in with my parents and pay them board and contribute to their household, so this is why I have to pay them housekeeping.

I also have a car which is worth about £8k


Your liabilities: Me: personal loan- £15k, credit card debt- £1500.

Ex-wife- not sure as she won''t make her financial positon clear, but her solicitor thinks she has lots of CC debt, council tax arrears and gas/electric debts to the tune of £1200?


I also have a stakeholder pension, which is worth about £5k.

Can anyone tell me a likely outcome. To me there seems no real assets and there is a good chance of a Clean Break order.

Can my ex-wife go for my pension or ask for spousal maintainance?

The ex-wife has moved out of the FMH (with all our belongings, furniture etc) and the FMH is locked up. The mortgage lender is asking that we surrender the property to them as no mortgage payments have been made for the past 7 months. The ex-wife is living with her mother, so her housing needs are met (and so are mine).

I am due to re-marry in 3 months time and I will be supporting my new wife financially, as she only works 12 hours a week.

Thank you for any advice.

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11 May 12 #329931 by dukey
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This is a short and childless marriage with almost no assets and modest incomes.

It will be a Clean Break unless the lady has a disability even then it will still probably be a clean break.

You don`t earn enough to pay spousal maintenance.

The pension is very small and you are both too young for a sharing order anyway.

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11 May 12 #329941 by AnnoyedandAngry
Reply from AnnoyedandAngry
Thanks for your reply, Dukey.

You''ve confirmed what I intially thought.

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13 Sep 12 #355706 by AnnoyedandAngry
Reply from AnnoyedandAngry
Bumping this up.

Had a offer from the ex-wife through her solicitor- opinions please.

Offer is that I transfer my share of the FMH to her- she becomes solely liable for the mortgage (stands at £121k), mortgage arrears of £3k and also for council tax arrears (£1200).

Equity on the FMH is £0.00

Ex-wife won''t touch my pension or car if I agree to her terms.

We are both due to attend the 1st appointment on Monday.

Confused :unsure:

  • soulruler
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13 Sep 12 #355712 by soulruler
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Did you inform the council when you moved out of the house and if not you should do that and also should be on the council role at your parents house.

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13 Sep 12 #355714 by soulruler
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I don''t really understand why when a non mol order and occupancy order were applied for by her that she has since moved out of the house and in with her parents.

Do you know whether she is paying them board and at what point she moved out after you moved out - what I am saying is at what month did you move out and how many months later did she move out?

Council tax arrears suggest it has been going on for a while.

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13 Sep 12 #355745 by AnnoyedandAngry
Reply from AnnoyedandAngry
Yes, I informed the council that I moved out of the FMH in April 2010.

The council re-issued the council tax bill in ex-wife''s name only.

My ex-wife moved out the of the FMH in March 2011 as she couldn''t keep up with the mortgage payments and other utility bills. Since my ex-wife moved out, the FMH has been vandalised and damaged.

I stopped paying the mortgage as soon as I left the FMH, as my income doesn''t allow for me to pay both board to my parents and the mortgage on the FMH, my housing needs come first.

We are now both liable for the council tax arrears as we are joint owners of the FMH. The council tells me that it is irrelevent whether the property is occupied or unoccupied- the joint owners are liable for the council tax arrears- the joint owners of the FMH are me and my ex-wife. Basically, you have to pay council tax on a empty property.

I am on the council role at my parents address.

My ex-wife says that she is paying her parents board, but there is no evidence to support this in her form E to support this claim.

My ex-wife took out a non-mol and occ order against me because she had a hysterectomy in April 2010 and she told the court that her health would get worse if I remained in the FMH- based on this she got the 2 orders.

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