I am due to go to mediation later in week to swap financial forms with husband.
He is self employed but works through Ltd companies, which are only him, refusing to disclose any company funds, I believe there to be around 200K in these accounts, and think that he will get away with it, as disclosure @ mediation is apparently voluntary.
He also was keen on collaborative law, but according to my solicitor, to enter this process you have to agree not to go to court, and if you do eventually go to court have to change solicitors, and I am pleased with her, she is reasonable and a nice person, I am in such a terrible state really need a nice person @ moment.
Is it possible just to get court to force financial disclosure, rather than paying mediating solicitor £150 hour each + VAT to offer no legal advice, because she has to be impartial.
If he fails to provide adequate disclosure in mediation, I''d pull the plug on it. Why not get your solicitor to have a look at the disclosure he gives to the mediator and let her decide if it''s good enough?
Many Thanks, going in morning, I have already made a list of what information I expect to be missing, I know him very well as married 35 years.
I am seeing Solicitor on Tuesday and she is going to write to his Solicitor for further information, questions that he won t want to answer, so then I expect it will be court.
It is so expensive, as he is divorcing me for UB, I have to pay for everything, so unfair when I don t want any of this.
Also I feel so emotionally fragile @ moment they will make mincemeat of me.
I would use mediation it has to be cheaper than using Solicitor but I would make sure the information supplied is accurate,
for example the value of the marital home get it valued yourself at least twice so you have proof don''t let him produce a valuation based upon a similar property, my ex over valued the home by £25k.
Pensions they cant force either party to use an actuary and even if you both agree to do so who is going to pay?
mediation is good but they have no teeth, and cant force anyone to supply the information, if you can both sit down and discuss the matters honestly use them it will be cheaper but make sure the information provided such as valuations is accurate.
I had to go to mediation twice as our first Consent Order was out of date and was kicked by the court we rehashed it revalued the house (OMG found out he overvalued house:ohmy:) got another consent order which was accurate and I am very glad its all over and I know it was a lot cheaper than using a Solicitor.
My solicitor has suggested mediation and I am happy to do this. However my stbx has always been hopeless at financial matters. I know he has two pensions only small but nevertheless they exist. I also know he has not told the pension suppliers his new address as things kept coming here until I told them he no longer lived here but I did not have a forwarding address.
There are statements from his pensions at my home and also lots of other letters etc that relate to his finances. I will not throw them away in case he asks for them but he does not communicate with me so that is unlikely.
If he did agree to mediation could I take them along to give him at that point and also the mediator would be aware of them.
Yes, I think so.
My husband has been US @ diverting his mail which has actually given me some very useful financial information, but there is a rule ? hildenburg, that you are not allowed to keep/ copy ex mail, you can see it if it is open and remember the numbers, but otherwise are meant to return to their Solicitor, you could do this or tell his Solicitor to get him to get PO to divert his mail, or return to senders.