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Divorce financial proceedings waiting for his lies

  • Alpha25net
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23 Oct 23 - 23 Oct 23 #521964 by Alpha25net
Topic started by Alpha25net
Brief background and looking to seek what should be considered a fair settlement. FDH scheduled Jan currently collating form E.
Length of marriage: 10 years together 13 years before hand so 23 years in total.
H age 56 W age 41
2 children aged 11 and 7 reside with W and stay with H one night per week (Child arrangement order in place)
H resides in Matrimonal home estimated valuation £274k no mortgage, fully paid off by W
W moved out 2 years ago, privately renting
W earnings £54k per year
H self employed earnings estimated £45k per year
H pays childs maintenance £12 per week for both children (long story he's told CSA he doesn't work)
​​​​​W pensions £118k
H pensions £0
H has borrowed £50k from a friend.... which he thinks that's all my and the children are entitled to whilst he keeps the FMH
H is also hiding money in acccounts not in his name
Self representing at court any advice appreciated
Last edit: 23 Oct 23 by Alpha25net. Reason: Added ages of H and W

  • hadenoughnow
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26 Oct 23 #521970 by hadenoughnow
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I think your first challenge is going to be getting full disclosure. You won't know what's missing until you see his Form E.

From what you say though your ex is somewhat deluded. Providing a secure and stable home for the children is a priority. The start point for division of assets is 50:50 - although how it ends up depends on needs, cost of alternative housing, borrowing capacity etc. Pension will be shared equally or offset depending on circumstances.

If you need help with the court process and paperwork we do have a low cost service to assist Litigants in Person that you may want to look at.

Hadenoughnow

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11 Jan 24 #522267 by Alpha25net
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So as a quick update, application was made to court and we have a First Hearing court date of 29th January, the court had requested that Form E financial disclosure was to be submitted by 25th December, agreed exchange date with his solicitor of 22nd Dec, sent my Form E to courts and his solicitor the week before the 22nd, email received from his solicitor the did not have all information to exchange and said I would be provided with info in new year, 2 chase ups and no information provided, today a call from his solicitor to say he has an unappointed them (they have not disclosed any Form E information to him), sent him a message to see if he will be submitting Form E, I don't think he will, still not allowing me to get Independent Valuations of Matrimonal Home now saying I have to spend thousands getting the house surveyed and not just an Estate Agent valuation.... anyways spoke with courts and they said hearing willl still go ahead as planned as all of my information has been submitted. Just wondering if anyone has experience of STBXH not submitting Form E and what where next steps

  • wikivorce team
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12 Jan 24 #522268 by wikivorce team
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It is not that uncommon for one party to attend the first hearing without having provided disclosure, or for them to provide disclosure at the very last minute, or for them to provide a woefully incomplete form.

You just need to make sure that the judge is aware of the lack of disclosure at the first hearing.

The judge will then order the delinquent party to comply within a next deadline (usually a couple of weeks).

If they fail to comply on the second attempt then you can again inform the court and request a penalty be applied (up to and including a penal notice).

The reason the court do not want to delay the hearing is that the whole point of the hearing is to act as a firm deadline, and that it enables the judge to take action in cases where one or more party's are not complying.

You are normally supposed to have completed a questionnaire before the first appointment - but you have not been able to as you have not had sight of his Form E. At the first hearing when the judge sets a new deadline for his Form E you may want to ask for clarity on a new deadline for your questionnaire (usually a couple of weeks after his new Form E deadline).

  • Alpha25net
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26 Jan 24 #522409 by Alpha25net
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So we are 3 days away from First Hearing and I've still not had any exchange of Form E, have tried to ask him for dates but no response to messages, I do not expect him to turn up at the hearing, given he didn't attend any hearings apart from the first one for Child Arrangement order I am going to ask the court at First Hearing for Penal Notice to be issued, I've no idea if this will be accepted but this whole process is so draining, I just want closure whilst he just wants to drag things out (finally got my deemed order of service approved for divorce so Conditional Order underway). It's a long process especially self representing, I just need to see light at the end of the tunnel

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30 Apr 24 #522973 by Alpha25net
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Just as an update, still no further forward, after 3 court hearings to which I have attended as LIP he has not submitted any information to courts even with penal notices attached, next hearing schedule for 10th May (courts have said may be final hearing subject to me having submitted all of my information and him not turning up at court, which I suspect will be the case) I have submitted all of my information and requested from court a transfer of property to my sole name to allow sale a 50/50 split of sale of property, I'm feeling so stressed, is it likely court will approve this?

  • hadenoughnow
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01 May 24 #522977 by hadenoughnow
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Is he still living at the FMH? Are you able to house yourself and the children with 50% of the equity?
Would you consider moving back to the FMH?

I think there are several options that are possible. The judge could order he pays a lump sum and that the FMH is sold if he doesn't pay by a given deadline.
He could be ordered to vacate and transfer the property to you to sell/live in on payment of a lump sum to him.
I am sure there are other options too. The problem is going to be enforcement especially if he has ignored every court order go date. This is something you need to have a frank chat with the judge about to see how they can help you get this sorted out once and for all. You could also ask for costs - fill in an n261 listing all costs and include with the bundle.

Hadenoughnow

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