My stbx is looking to move into an extremely expensive house and we haven''t exchanged form E yet! I am staying in FMH and planning to pay a lump sum but he is seeking places with far higher outgoings so that he can increase his settlement. We hv 1 daughter and splitting residence. Can anyone advise what the position will be on this when we negotiate? I work, he doesn''t.
The risks are that, after he has got the lump sun, he will change his mind about the settlement and as you initially fear, may deliberately increase his expenditure or liabilities in order to get more out of you. You state that he does not have a job. So lets say he goes into rented accommodation with a lump sum, and starts using this lump sum for "everyday expenditure" such as food, rent, living costs, new furniture, etc. Then when it comes time to divorce, the lump sum is gone, so he could claim a need for more of the equity from the house, to re-home himself. Since he does not have a job and very few assets, then he would presumably get legal aid, and an application to court would cost him nothing. Someone with nothing to lose can be very awkward.
Besides you say he is moving into rented accommodation? So why does he need the lump sum? If he''s happy to rent then I would suggest he does this until the Consent Order is signed, and then he will get his lump sum. It''s also an extra bit of motivation for him to not stall the divorce process.