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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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Can you oppose a Section 37 application?

  • Bobbybear
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21 Mar 20 #511865 by Bobbybear
Topic started by Bobbybear
Hi

I'll try to keep this brief...I'm the wife and I applied for divorce...we were married 13 years and have 2 children aged 8 and 10 (I've always been the main carer and I work full time too).

We have one mortgage free terraced house on rent ATM and the marital home has a £15k mortgage left (we've been living in it for 8 years and I used all my salary over the last 3 years to renovate so approx £50k).

I also am named owner on a house my parents bought when I was 19 and single (6 years prior to me getting married). This was to be gifted to my brother when appropriate but it never happened cos he's unreliable. I transferred half of this property in 2009 to my sister so we were joint owners, which my parents asked me to do. I never paid for the renovations, maintenance of this house or got any rental income from this property. Ex knew all of this and always accepted it wasn't a marital asset.

When we separated, I gifted my share of the property to the brother it was meant for so that it wouldn't be classed as a marital asset. Ex is now trying to add this property into the marital pot (claiming it was a marital asset I was trying to dispose of) to reduce my share of our actual assets. I have bank statements, renovation invoices that show that I received no beneficial interest but is this enough to stop the Court from setting aside the transfers I did to my sister in 2009 and brother in 2019? Does my ex have a leg to stand on?

We have the directions hearing about this property in April so is there anything I'm supposed to do prior to this? Can I ask the Court to dismiss this application? How would I go about it? I'm self representing

  • hadenoughnow
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22 Mar 20 #511874 by hadenoughnow
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You would have to produce clear evidence of the transfers and why they were made. Are your parents still alive? Or was this arrangement set out in a will?

NB You may not have benefited financially from the transfers but you have "given away" an asset in your name that has value.

I would strongly suggest that you get some legal advice.

Hadenoughnow

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22 Mar 20 #511875 by Bobbybear
Reply from Bobbybear
Thanks for replying.

Parents are still alive and prepared statements to attest to my claims. Have transfer deeds to show when transfers were made. In fact my parents bought another house and put it on my sister's name to be eventually given to my youngest brother so I have transfer deeds for that too. I have invoices showing my brother paid for the home improvements and insurance etc since he moved in 6 years ago even tho house is on my name...is this enough?

How should I go about showing this evidence? Do I need to submit it to court prior to the directions hearing or give on the day?

Thanks again

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22 Mar 20 #511876 by hadenoughnow
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I would suggest a position statement with attached evidence (provide an index and number exhibits) served on the other side and filed with the court ideally at least seven days before the hearing. It should include a statement of truth and be signed and dated as should any supporting statements from parents.

Hadenoughnow

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23 Mar 20 #511879 by Bobbybear
Reply from Bobbybear
Thank you! I'll let you know how it goes.

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