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Last chance

  • Milli66
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02 Aug 21 - 02 Aug 21 #517355 by Milli66
Topic started by Milli66
This is my last chance to put my side across in my divorce.
we had court 3 months ago...as judge couldn't decided on things as my ex had no accounts and not much paperwork (a lot of his business is cash)
Any advice please.......
1....i've got letters to say I was in an abusive relationship so going to court and seeing him would nt be good for me... the previous judge didn't care, I faced my ex...then i overdosed?)
should I ask for these letters to be taken into account again???
2...do things like life policies need to go into the pot???
3....should my solicitor 'push the fact' how i was at home with kids while he left a huge trail of debts ...majority in my name as my credit rating was good...his is now.. mine isn't.
4.... ive not heard from one of "our' debts since October 2016....should I still include it.?
5...he has 'our family business'...he can earn more than me a month, again is it worth mentioning?
6....even tho we put 2 yr separation...really much longer....why do I have to pay the towards the debts hes got in that time???
this is the first day in 2 months ive managed to confront things....cause I'm so scared...any help would be amazing x
Last edit: 02 Aug 21 by Milli66. Reason: Missed something

  • hadenoughnow
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06 Aug 21 #517394 by hadenoughnow
Reply from hadenoughnow
Financial settlement on divorce is based on needs and the means you have between you to meet them. Needs are needs for housing and income now and in the future. The needs of children are a priority.

The form E financial disclosure that you do ahead of court is aimed at establishing what the available assets are as well as the needs you each have.

The purpose of the first hearing is to see whether disclosure is complete or if orders need to be made to help the process. This may be property valuations, a pensions report etc. If questionnaires have been raised the order would include a date for responses to be provided.

It is not clear which hearing you have coming up. The only hearing at which a judge can impose an order is the Final Hearing. By the time you get to this point your case (and the evidence on which it is based) should be well established.

You being a stay at home parent is relevant - all contributions are counted as equal. Him accruing debts if they were for his sole benefit is also relevant as will the impact on your credit rating.

Anything with a financial value (over £500) should have been declared. Life policies often have no cash in value but they should have been included in Form E.

The family business and his income from it should also have been part of the disclosure.

Ultimately though the court will (as above) be most interested in the assets of the marriage and how needs can be met.

As you have a solicitor they should know how to approach the court to see if particular measures can be put in place to protect you. The extension of abuse through the court process has been quite an issue in recent months. It may also be worth talking to a specialist at one of the charities that support abuse survivors. They may be able to offer support and practical advice.

It is a good idea to read as much as you can about the financial settlement process so you understand it and have a realistic expectation of the likely outcome. There is lots of information on the site and you can ask as many questions as you need to.

Hadenoughnow

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10 Aug 21 #517430 by Milli66
Reply from Milli66
thank you so much for your reply ....ive picked out some things i need to go back to my solicitor with. its a shame as i dont have much faith in her. hopefully things will be finalised soon.

just a quick question while im here....lol my solicitor is it seems is looking for properties for me and my ex....(even tho im private renting...so is he... atm) its in the statement for the next hearing..... why is she doing that ??...is that also going to be added to my final bill ???

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