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Unfair division of property

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25 Jun 12 #338988 by cookie2
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It''s a part of the big picture. You can''t just look at the house and ignore other assets, pensions, savings etc. It just doesn''t work that way.

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25 Jun 12 #339024 by mingray
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Well at least she cannot touch 3rd parties equity! ..
She seems adamant about that one..Saying it''s morally correct!
Getting her to disclose fully may be a problem,will it matter that she has spent savings ect?

Thank you all

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25 Jun 12 #339037 by cookie2
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What''s gone is gone and obviously can''t be gotten back. If she has spent frivolously then it might be taken into account (decimation of marital assets) and that spending might come out of "her share". But unfortunately the needs of the children will probably overrule that. Really it all depends on the figures.

If she is not prepared to disclose then you can force disclosure by making a court application.

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25 Jun 12 #339083 by mingray
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Well at least she cannot touch 3rd parties equity! ..
She seems adamant about that one..Saying it''s morally correct!
Getting her to disclose fully may be a problem,will it matter that she has spent savings ect?

Thank you all

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26 Jun 12 #339210 by maisymoos
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As Cookie says you can make a court application to force disclosure. It doesn''t mean you have to go through the whole court process, you can agree a settlement between yourselves at any time and ask the court to stamp the Consent Order, but you really need disclosure and to know whats there before you can start to negiotiate.

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26 Jun 12 #339260 by mingray
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Thank you for all your help,
another question is that she originally petitioned in 2009 went to nici and she never applied for Absolute,she returned to FMH for 8months while we tried again,then left in Feb.
She now states divorce Absolute will be easy as we can carry on where we left off?...is this true or will we need to re apply?.

Ming

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