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.


FH but full Disclosure?

  • Chrisb1579
  • Chrisb1579's Avatar Posted by
  • Premium Member
  • Premium Member
More
11 Apr 18 #500696 by Chrisb1579
Topic started by Chrisb1579
I have the final hearing on June 8 2018. Despite being ordered by the court to disclose the whereabouts of £32k by 28 December 2017 my STBX wife has yet to do so. I have an enforcement application in with courts for this and £6k of unpaid costs awarded to me at previous hearings. It’s likely that we won’t get to hear about the date for the enforcement until the end of April and less likely to get the hearing date before the final hearing.


I’m thinking the FH date needs to be rescheduled to get enforcement hearing done and compliance of the existing orders etc. Is this best course of action or will the judge take a different view if the FH went ahead?

  • Chrisb1579
  • Chrisb1579's Avatar Posted by
  • Premium Member
  • Premium Member
More
11 Apr 18 #500697 by Chrisb1579
Reply from Chrisb1579
Just to add to the mix ... My STBX wife has made no offers to settle or will engage in any shape or form in such and I doubt that she will at the FH either. How will this be viewed by presiding Judge ?

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
14 Apr 18 #500724 by hadenoughnow
Reply from hadenoughnow
There is no real point in dragging this out. If you have evidence that the £32k exists, you can ask for it to be included in the pot for division. When the assets split is decided it be be assumed that she already has £32k.

You can also ask for her share to be reduced by £6k and that sum added to yours to cover the outstanding costs.

Are you represented?

Hadenoughnow

  • Chrisb1579
  • Chrisb1579's Avatar Posted by
  • Premium Member
  • Premium Member
More
15 Apr 18 #500741 by Chrisb1579
Reply from Chrisb1579
Yes Barrister represented

It did or does exists she has provided a bank statement that showed it existed at the start of this but not where it is now and if any of it is still left. It was transferred to an undisclosed account shortly after the breakdown of the marriage

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
15 Apr 18 #500746 by hadenoughnow
Reply from hadenoughnow
I would proceed on the basis that there is evidence the money exists and ask for any settlement to reflect the fact she already has 32k.

  • Chrisb1579
  • Chrisb1579's Avatar Posted by
  • Premium Member
  • Premium Member
More
15 Apr 18 #500755 by Chrisb1579
Reply from Chrisb1579
Hadenoughnow Thanks for your excellent advice ..

What’s your view of the lack of offers from her in regards to settling this ?
I realise it’s point of view ....

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
15 Apr 18 #500760 by hadenoughnow
Reply from hadenoughnow
Chris

Have you made any offers to her? If she has not made an offer, then you certainly should. Make it a bit on the high side of fair, assuming she already has the £32k and leave in a couple of bits that you could 'give away" as part of the negotiations.

If you have Final Hearing coming up, what happened at FDR? What did the judge say?

Have you got dates for producing S25 statement etc? Also have you been given a date for a pre trial hearing? This is where missing documents etc can be sorted out - and the judge will give a view on how they will be treated.

You say you have a barrister. Do you also have a solcitor running the case or are you doing this yourself?

Hadenoughnow

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11