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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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Sham arrangements

  • Phantom423
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02 Apr 20 #511996 by Phantom423
Topic started by Phantom423
Hello everyone,

Maybe someone has been through the same thing.

We were married for 8 years, have 1 child. My husband’s parents bought us an apartment so we could improve our living conditions (they are rich). We lived in that apartment for 3 years (I’m still there with our daughter, my husband is renting) and it was purchased under my husband solo name.
However, when I filed for divorce (unreasonable behaviour) he immediately put a legal charge over the apartment in favour of his father. According to that charge, he was supposed to make repayments every single month for 30 years.
He also produced a loan agreement signed by his father, himself and witnessed my his father’s son-in-law saying that there was a loan between himself and his father.

That loan document was backdated and my husband messed up with the dates, it’s clear that the doc was signed just recently.

However, according to his bank statements, he didn’t make a single repayment to his father over the last 3 years.
It’s not the end of his dodgy activities: He also sold a property in our home country and gifted the net value to his mother and a cherry on top of that -he transferred almost all his monies to his father saying that he is paying arrears.

We’ve already been through FDA, all these sums were frozen and the next hearing is listed in 4 months. The problem is that I can no longer afford my solicitor and I’m thinking about self representation. My husband is represented by 2 legal teams, there were 5! solicitors on a first hearing.

Has anyone managed to set those kind of transactions aside or lifted a legal charge?

Thank you

  • hadenoughnow
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02 Apr 20 #512004 by hadenoughnow
Reply from hadenoughnow
Welcome to Wikivorce.

Have you registered matrimonial home rights?

It sound like his parents may need to be intervenors if they are going to claim an interest. The question of whether the funds for the property were a loan or a gift is going to be key.

If there is a clear paper trail relating to all these financial shenanigans they would be foolish to lie to the court. If you are self representing you may want to look at the services we provide for litigants in person. Give the helpline a call on 01202 80 50 20.

Hadenoughnow

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02 Apr 20 #512007 by Phantom423
Reply from Phantom423
Thank you!

His parents have been joined to the financial remedy and s.37 applications by the Judge and yes, I have registered my matrimonial home rights.

His parents gave is loads of money over the last 8 years and one of those gifts has been properly documented by a memorandum of a gift.

However the monies to purchase the flat were advanced without any documentation.
The charge was entered 3 years after the purchase of the flat and in the middle of divorce proceedings, after it’s been entered his father initiated a possession proceedings in a different court. Those proceedings were paused as a result of our FDA meeting.

What do you reckon might be a clear paper trial? How do you think I can prove that it’s a sham? I think no repayments, forged loan agreement should be enough?

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