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.


Property I bought after we seperated

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
03 Mar 08 #15632 by Fiona
Reply from Fiona

Fiona are you solictor ?


Nope. Although underneath the archetypal fairy tale princess persona Fiona is really very independent, resourceful and isn't afraid of engaging in combat. :evil:

  • smalik
  • smalik's Avatar
  • Premium Member
  • Premium Member
More
03 Mar 08 #15665 by smalik
Reply from smalik
If you want to protect your asset for your daughter and also not spend too much on legal fee's, I really do recommend that you do take some action and conceal your assets. Do it cleverly so that it not see as if you have tried to hide them.
Most solictor will tell you that you will not have to give her anything so that you spend money fighting your case and them getting richer. By the time its gone to court they will then tell what the Law really will give to your X.
Best of luck

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
03 Mar 08 #15676 by Fiona
Reply from Fiona
The thing is it isn't that easy to conceal assets, there is nearly always a paper trail. Failure to disclose results in courts making orders for disclosure and production of documents and the judge will award costs against you. In extreme cases it can be construed as financial misconduct or the court may draw adverse inferences from the evidence available so you end up with an even smaller share of the assets.

Better to give a full and frank disclosure and to concentrate on minimising losses.

  • Exasperated
  • Exasperated's Avatar
  • Junior Member
  • Junior Member
More
04 Mar 08 #15681 by Exasperated
Reply from Exasperated
Help ... I am in the same boat, not only is my wife taking me to the cleaners with the equity on our former matrimonial home (joint names) but my solicitor dropped the same bombshell just last week saying that the equity on my new home (in my sole name) will be added into the pot when we go to court in a couple of months!

However, some kind soul sent me this last week (might have originally come from you Fiona?):-

As for your new house refer your sol to the Rosi case the moron should know it "assets acquired or created by one party after a period of separation may qualify as non matrimonial property if the property in question was acquired or created by a party by virtue of their own personal industry and not by use of an asset created during the marriage"

What is your view or anyone else's on this? Please please say it's correct ! :unsure:

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
04 Mar 08 #15689 by Fiona
Reply from Fiona
It definitely wasn't me because I'd never call anyone a moron, although when pushed I might use the word numptie. :cheer:

Also usually I prefer posting on the forum so I can be heckled if I make a mistake. Sounds like Attilla to me. ;)

It's origin was the case law, Rossi v Rossi. There had been a substantial delay in the husband seeking financial relief because he had been imprisoned in India. Apart from the "assets acquired or created by one party after separation possibly qualifying as a non-matrimonial asset" etc it was said, generally, it would be very difficult to initiate an ancillary relief claim more than 6 years after the date of the divorce petition. Remember only a judge can rule about interpretation and its relevance in any given case.

  • Tonger
  • Tonger's Avatar Posted by
  • Junior Member
  • Junior Member
More
04 Mar 08 #15690 by Tonger
Reply from Tonger
I am seeing my sol at 4pm today, so should have an answer one way or the other. I will quote the Rosi case and if he doesn't know what I'm on about then I won't be paying him either! so thanks for that.. me and my new partner are going out of our minds with worry over this...oh well only 8 hours to go then the fight will be on, or off with some luck.

Just want to get on with our lives now, but I can't blame my girlfriend for not wanting to invest in a property when the ex could walk away with half of my share which then puts financial pressure on her. Should have listened to her when she said she would buy the house and then once I'd got divorced we would put it in joint names....typical man eh?

  • Exasperated
  • Exasperated's Avatar
  • Junior Member
  • Junior Member
More
04 Mar 08 #15735 by Exasperated
Reply from Exasperated
Didn't mean the moron bit Fiona .... after all you are a princess and princesses just don't do that ! ;)
No I meant the other legal sounding bit.

It's just not fair in that there doesn't seem to be any rules, that's why there are so many people floundering.
To think our future will be in the hands of a judge (if it goes that far) and what side of the bed he got out of. I am afraid if it goes against me, Court or no Court, Judge or no Judge I will come out and say something I will later regret ! :angry:

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11