I left my abusive husband in 2013 and we are now at the fdr stage of our divorce. I rent with our child who is soon 16 whilst he remains in the comfort of the family home. We left with nothing but a few items of clothing and he wouldn't allow us to take anything from thr home so I had to start again with help from various charities.
He has lied on form E that his debts are marital and he incurred many of them paying off my debts (lies, i had no debts for him to pay off I am in control of my own debts totalling to around £5000 which are truly matrimonial debt but I am not seeking to claim from him) may I add his sole debt is a total of £26,000 that I had no idea of until form E was disclosed. I am self representing and because I wasn't in a good place or knowledgeable at the time didn't question these debts in my response.
He also has an IVA in place regarding these debts. He has stated that they are matrimonial debts on form E although they are all in his sole name and he hasn't provided any evidence when they were taken out but is asking thr courts for credit that he paid off my non existent debts. He was always very secretive and greedy with money buying himself latest gadgets and nice cars etc.
Apart from me being able to prove my debts are still being taken care of by myself alone and I paid all the utilities proven in bank statements I have, how can I make the judge aware he's blatantly lying. He just wants to punish me more than he already has durby getting me to have a lesser amount during the financial remedy to release himself of some of his debts at my expense of a lesser share of the equity, to him it's always been about money and gain of it at anybody expense.. he even ripped his mother and uncle off in the past with no remorse shown at all.
The family home is valued at 100k with equity of around 60k and I have been approved by the mortgage lenders I am able to take it on in my sole name so I'm hoping to buy him out so we can move back in rather than the home being sold. My son and I hate our emergency rented accommodation provided by our local council although initially it was relief to escape my bullying husband. I'm at my wits end that thr judge will award him for his lies regarding his debts ... sorry for the essay
Anyone lying on a form E is taking a risk. It clearly states that being deliberately untruthful may lead to any court ruling being overturned, also criminal proceedings for perjury could follow. Ultimately the judge goes through everything and will spot it a mile off if there are descrepancies.
He will have to provide evidence, he can't just make up figures,documentary evidence will be required. Was it credit card debt? What was it used for? There must be receipts. If loans, who signed for the loans?
You will get the opportunity to write to his solicitors to put forward questions about the form E
Most important, don't panic...take your time and think everything through. Get all your paperwork, bank statements and any receipts etc and go through the statements that you do have with a very, very fine tooth comb. Literally take them line by line and consider what the transaction was and what logically it could have been for and how reasonable it may have been in the circumstances.
Thankyou for the response Mitchum.
I have his IVA contract and it looks like loans and credit cards on the surface although there isn't much detail on thr IVA document apart from whom he owes the money to which are all banks. Yes, all in his sole name too.
In my questionaire to his for E I asked for full disclosure of all his incurred debts and any evidence of joint expendature.
We have an FDR hearing in May in which the judge has set for 2 hrs, I think she's hoping to treat it as a final hearing.
I am self repping by the way as I earn too much for legal aid and dont earn enough to afford a solicitor.
I obviously know for sure he's lied as he's never paid any loans or such off for me but it's worrying me proving it to the judge as I'm really want the next hearingto be final as this is all draining me.
I have is a 12 month bank statement prior to leaving him proving I was managing well and also paying my credit card and loan monthly and I was also paying all the famity home utilities monthly aswell as paying the mortgage for 6 mths whilst he clainmed JSA when he had the sack from his employer for breech of security.
I feel he's using the courts to control me further and I really need it all over and him out of my life once and for all.
Subject: Re: Forum: lies on form E about marital debt
Date: 2017-03-17 16:28:15
Thankyou kindly Mitchum for your response.
My soon to be ex husband claims his debts were incurred as I had not paid any household bills, i.e gas/electric, council tax, mortgage etc etc for 12 months prior to leaving him so he therefore got himself into debt paying them off.
Unbeknown to him I have evidence in my 2012 bank statements that all these bills were actually paid regularly and on time during the 12 months prior to leaving him, in fact, I didn't realise at the time due to his control but I was actually paying all thr household bills solely leaving him his monthly income to do with whatever he chose, normally buying expensive gadgets and cars ... however his bank statements (2014) submitted with form E clearly show that he didn't pay any bills 12 months after I'd initially left him, so all of 2013 he sat back accommodating the comfort family home not paying any bills although he had a reasonably good income and could afford to pay the bills.
He has stated within form E that he wishes for the judge to give him "credit" during the financial proceedings for "shouldering these debts I left him with"!
Do I use my 2012 bank and mortgage statements as my concrete evidence of his blatant lies to prove I did not leave him with 1 debt. I am appalled at his attempt to manipulate the court in order to gain from thr matrimonial pot. My son and I deserve better after the abuse mentally and financially he's put us through so far and is trying to continue to do so.
Courts aren't so easy to manipulate.
The burden of proof is the balance of probabilities/ more likely than not.
You have evidence to suggest that he did not incur his debt as a result of paying off yours. So you can with evidence disclaim his assertion that he he took on the family debts. Have you both provided answers to the questionnaires yet? You have asked him to evidence these debts and show what they were for. I would suggest that you wait and see what response you get and what evidence he has to back that up.
As far as I know you can't treat an FDR as a final hearing. If it is listed as a FDR then that's exactly what it is. FDR is a privileged/without prejudice meeting. The judge that has sight and knowledge of the without prejudice communications can not hear the Final Hearing.
Yes thr questionaires have already been exchanged in which I asked for evidence of his debts which he claims are matrimonial/I left him burdened with.
Hus response was that he had provided full disclosure with the IVA documents which in fact give no other detail apart from his amount owing and the date the IVA was arranged etc.
No loan or credit card statements to show in detail of where the funds were spent and taken out etc.
He won't have any evidence of paying off my debts as I still have them and he didn't pay any off.
All I know is I can unarguably confirm with bank and mortgage statements I have that to the date I left, everything was fully paid and upto date taken regularly from my own account.
I also noted that from his submitted bank statements that the day I left until 12 months almost to that day that no utility bills were paid by him and large amounts of money was paid to bring them all upto date, the same with the mortgage, he defaulted for many mths after I'd left him.
I just hope I'm allowed to provide my evidence to the judge and he/she will acknowledge the facts I have in hand and clearly see he is in fact lying about the claim his debts were incurred due to myself and he is infact lying about how they came abouts.
He's very good at twisting and manipulating facts to his advantage regardless of whom he hurts or damages in the process.
He is totally unaware of the hard copy evidence I have to contradict his lies at the moment