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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.


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Non disclosure of.finances

  • redwine47
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11 Aug 12 #348709 by redwine47
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To cut a long story short. Last september. stbx & I had to disclose the usual discovery...... I was requested to provide extra by stbx all sorts receipts etc for expenditure, , which I did. On receiving stbx disclosure it was found money was missing or being dissipated. Right up to June this year he has been sent several requests to provide explanation but has not done so.


Now we are at the stage to provide an up to date discovery and his side are requesting extensive receipts of expenditure of new discovery & have included in their figures funds that I already provided receipts for last time? But yet still haven''t supplied all their previous stuff.

Btw I have been using saving to live off as was unemployed & not entitled to benefits..... not bought anything untoward just food petrol clothing bills etc .. He is earning 52k but has spent more savings than me.

I have queried this with my legals & they state they can hopefully use this non disclosure of stbx to our advantage at hearing in sept but judge cld also say we''ve both "spent savings ". And also if I demand his missing info case cld drag on longer

Question. is what is the likelihood of judge taking this into consideration surely me buying groceries is different than him dissipating 60k.

Secondly should I supply extra discovery AGAIN even though I have not received his yet again!

Really getting tired now it seems rules are not applied to both sides. No faith in my legals putting up fight for me but will not be changing again, as wish for an end to this ASAP,.
:S

  • redwine47
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11 Aug 12 #348737 by redwine47
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Bump please

  • Fiona
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11 Aug 12 #348738 by Fiona
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When there is evidence of non-disclosure your legal team can argue an estimate of the "true" value of the assets based on what information is available and the judge can draw adverse inferences when making a decision. When someone has not complied with the court rules and procedures it is not possible for them to appeal if the judgement goes against them. See Dutt v Dutt.

www.familylawweek.co.uk/site.aspx?i=ed1356

If you provide receipts as evidence of what the savings have been spent on you are complying with court procedures which makes your case far more cut and dried strengthening your position. :cheer:

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11 Aug 12 #348742 by redwine47
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Thanks so much fiona... I will read THIS now...

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11 Aug 12 #348784 by soulruler
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Exactly the same thing happened to me during financial proceedings.

I disclosed everything starting right from the financial E and Ex was totally dishonest cutting me out of marital businesses, removing funds, changing bank accounts and ex-s solicitors constantly wrote to mine asking for the same disclosure over and over and over again, accusing me of abusing process, taking funds out of the jurisdiction of the courts, harrassing their clients - the list was endless.

Meanwhile, his disclosure was scant to non existant, he claimed not to be living with his partner in a relationship, only apparently out of "need" - brings new meaning to a needs based case in family proceedings!

By the time of the final hearing I had paid all my solictors costs up front which amounted to £18,000 and his solicitors costs were way over despite the fact that I had done the repeated disclosure and there were huge gaps in his in breech of the FDA order and replies to questionnaires.

His costs were £26,000 and he had only paid £6,900 which is probably why we are still in court.

I wouldn''t keep disclosing over and over again if I had my time again.

You have a duty to disclose and be honest and this is the basis of the financial settlement. Asking for details to be re-disclosed when it is obvious that he (others might not like this but also including his legal team) are being dishonest and not complying with process is just purile and pointless - I have no doubt that it is making you feel hopeless and somewhat despirate.

I would just get your solictors to write to his stating that if he doesn''t stop this and comply with his duty to disclose that you will apply into court for an order to disclose with a contempt of court clause.

Maybe that will focus his mind and help you get to the end of this.

I would also add that valuations for houses are valid for six months so on that basis what is the point continually holding up proceedings when valuations last a while and what is important is to get to a resolution before all marital funds and marital sanity is gobbled up in unnecessary legal bills.

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21 Aug 12 #350974 by redwine47
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Thanks SR for your informative reply. I have already disclosed all my discovery up to date now and paid my costs up to December 2011 but am on Legal Aid now.

My legals say that if I apply for a Court Order for his missing discovery it will delay matters further,(hearing in Sept ) and perhaps I should proced without this and hope that the judge takes into consideration??

I am worrried that if this case continues on (already nearly 3 years) I will have no funds left to argue over.!

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25 Aug 12 #351863 by redwine47
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Another letter received from his solicitor today demanding more receipts of daily expenditure.... Ridiculous.. expenditure is already on my bank statements which I have sent.

I still haven''t received OH statements his solicitor says they have provided but they haven''t. My solicitors on hols for 2 weeks and hearing in early Sept. I really hope this judge takes notice,

I''m losing track of everything now as his solicitor is complicating issues.eg answering questions that have never been asked but not answering those that have. ?

My head is so sore with all this nonsense why does it have to be so complicated?

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