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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.

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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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mother takes childrens money

  • mike2580
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30 May 12 #334223 by mike2580
Topic started by mike2580
i will keep this as short as a position statment lol.normal marrage 13 years, two children, mortgage 2 dogs etc comftable life.well im the father and the mum had affair, children live 14 and 12 have very limited contact with mum. divorce and financal is a nightmare,mums on legal aid and trying every trick in the book. just had mothers answers back from form E question i put to her, and as usuall half not answered but the one i cant forgive her for is ,both children had savings accounts from babies to which mother was trustie untill children become 18.well this was not on her form e but i found out over the last 6 months she has spent all there money.on her answers to where the undeclared money of the children has gone, she replied ''it is accepted that the applicant wife removed £3811.66 from the childrens accounts.the applicant asserts this will be repaid upon any agreement in financial matters.the purpose was for living expenceses.in any event the children would not be entitled to these sums untill 18 years old''.....i think this is so wrong and why should the undeclared money be taken out of our financial problems.the children have used money from these accounts before and was planing using a very small next year. i feel like taking the wife to a seperate court hearing over this because of her not declaring this and its not hers or mine to spend....please a little advice

  • fairylandtime
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30 May 12 #334224 by fairylandtime
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Hi mike

Cannot help on the legalities as I don''t know, but just feel for you as technically she has stolen from the children IMO & personally I wouldn''t do that (havent) done that even when we didn''t have 2 pennies to rub together.

Kids have savings accounts but it''s there''s not mine & I wouldn''t want tO touch it.

How old are your kids? As that might make a difference, I would take an account of the money & have it written into the Consent Order that the money is returned as part of the final settlement.

JJ

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30 May 12 #334225 by mike2580
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hi, my children are 14 and 12 . and your correct if i was living on the streets i couldnt bring myself to taking the childrens money. it feels so wrong that she kept it quiet...no one would of known untill the children were 18..by then too late

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30 May 12 #334228 by fairylandtime
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Not sure but don''t they have rights at a certain age when any bank accounts are transferred to their name & signature, hence their money is safer requiring their signature? Having said that in the case of my eldest this would make it worse - bit of a spendthrift LOL! Have changed his savings account to 25!

Anyway, I would try & have a word with the bank that the accounts are held at & see if they can advise, if your x continues they may not have any money left at the end of it all & the more you take the less likely you will be able to pay it back.

Good luck JJ

  • sexysadie
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31 May 12 #334257 by sexysadie
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Maybe she really has needed this money for living expenses. If she is having to fund somewhere else to live and she is poor enough to need legal aid she may be having trouble managing. Her solicitor has stated tht this money will be repaid on financial settlement so she is acknowledging that it belongs to the children and saying that she will pay it back. Just get it written into the Consent Order when that is agreed.

Best wishes,
Sadie

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31 May 12 #334304 by Enuff Already
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When we split the ex blew almost £22k, which we had saved up for over a good few years for the 3 kids Uni fees, first cars, deposits on houses etc. They’re very young at the moment and I am hoping I can re accumulate some of it, I dare say she wont, but I am not going to get anywhere trying to get it out of her either, she has to live with her conscious and what she has done with the money, it might hit her later when they can’t do the Uni courses they want to or have the driving lessons, or the house they’d set their heart on, but I won’t hold my breath. I would never have touched that money, at least not without talking to the ex and making a repayment plan and even THAT would depend on what the money was going to be used for.

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31 May 12 #334355 by mike2580
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Its just the way she has done it...if i hadnt of found out and asked her on the form E questions no one would of known. As for if she needed it well ,she had this money, her wages from a job she has, housing benefit and has nearly as much income as me and i am looking after the children full time, have a full time job and running the FMH on just my income...she has not so much as bought the children a pair of shoes, but every time ive seen her its been new clothes, hair extensions and holidays away. that was the childrens money not hers to blow without telling anyone for herself and partner.
As for Enuff Already i feel for you,boy its not fair is it.

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