Hi I am helping my boyfriend deal with the financial side of his divorce. He is doing it himself as he cannot afford a solicitor. His ex has a solicitor and is using Legal Aid. They have both completed form E and submitted to courts. His is dated June 2012 and the form she has submitted is dated January 2012. Can we ask her to re-do her form so it covers the same dates? Also her solicitor has requested that I supply my financial details. I don''t live with my boyfriend we have no financial connection and I do not support him financially. I do rent a house out to him though on a commercial basis (tenancy agreement etc). Do I have to comply with this request?
Your ex is entitled to see a minimum of the last 12 months statements and information on E form should be upto date. Your boyfriend should complete a questionnaire detailing what information is missing and send to her solicitors. If the information is not provided by First Appointment the Judge will make a direction on the questions that must be answered.
Thank you for your reply. We have written today asking for copies of her last 12 months statements from todays date not from January 2012 when she submitted her form E origionally. We believe that she received a large tax refund in between these dates and this fact would make her financial position now very different to the one she declared in January 2012. There is also a large amount of equity in the house and a 50% split would mean that they would both walk away with £50k enough for them to both rent somewhere for a fixed period of time until the children have reached 18. She wants to stay in family home. My boyfriend needs equity out to find somewhere else to rent (im selling the property I rent out to him) and also to pay off some of his debts. Are court likely to order sale of home and 50% split so that they can both move on? My boyfriends income is dire and he will not be able to afford anywhere else to rent once my property is sold without a lump sum behind him. She will be ok as she would not have to find monthly mortgage payments anymore and she could use the £50k to rent somewhere until children are older (they are 11 now).
We would need more information to advise effectively.
Ages, length of marriage, incomes inc any benefits, ages and genders of children, size of FMH, assets in sole or joint names - pensions, savings, endowments etc, debts in sole or joint names.
All of these are factors to be taken into account when working out a fair financial settlement. I suspect it is unlikely that he would get 50% of the equity in the short term if his ex is parent with care of the children.
They were married for 15 years and have 11 year old twins. She works. He is self employed but not much work around at the moment. The family home is 3 bed. He has the children to stay for 6 nights out of 14. They have a joint loan debt of £12k which neither can afford to pay towards. The only asset they have is the house and cars which are both work approx £2k. He is heavily in debt as he is paying rent and due to lack of work cannot afford the bills. We believe that she has no debts apart from joint debt of £12k. She is paying the mortgage on the family home whilst she lives there as he is paying an equal amount of rent. She has £5k in savings he has none. There are no pensions etc