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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

 

Ex lying about assets & liabilities

  • Angiebmw
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27 Nov 22 #520256 by Angiebmw
Topic started by Angiebmw
Hello,

Thank you in anticipation of any assistance here, which would be really appreciated.

I’ll try to be as brief as possible, given the situation.

My Decree Absolute was granted November 2021. My ex was obtuse etc., throughout, including lying to his solicitor throughout and, tried to stop the Decree Absolute at the last minute.

We’re trying to negotiate a financial settlement between us, without having to go to Court and, I thought we’d achieved this, until I received his draft Consent Order ie Statement of Truth and D81.

Basically, we’d agreed an amount I’m to pay him in full and final settlement (Clean Break) and then simply complete honestly, accurately and truthfully our D81 forms. It’s a joint D81 and, he sent me his directly that his solicitor had put together based on his information etc.

Anyway, the house was never discussed as I purchased with funds prior to marriage, which he’s often attested to both verbally and written. However, he’s now stated 50-50 on the house on his D81.

He stresses that just because his D81 shows 50-50 before, and 100% mine after, that the house will be 100% mine, I fully keep the house after and, the judge will definitely agree to that.

Further, he’s input large debts and liabilities on both the before and after and says he will not alter or reduce…they are fixed debts period!

This is the first time I’ve heard of any debts and liabilities and, it’s convenient that everything he said he had had during marriage, pre-divorce is now either in the red, negative or no longer his or available post divorce and pre-settlement. So convenient.

Further, he said he will not and does not have to produce evidence of said debts and liabilities and as he’s signing a Statement of Truth, that’ll suffice and be acceptable.

Further, these apparent debts and liabilities are apparently due for living expenses to his mother (we were enforceably separated most of our marriage). I don’t believe this for one moment plus, it’s provable that he wasn’t even living with his mother for around 50% of the time he states this living expenses bill accumulated!

Further, he emphasised that this bill due his mother includes expensive gifts he bought me as she apparently lent him the money for this. These gifts were wholly meant for me. Again, I’d no idea about any of this!

I’m absolutely not including amounts I spent on gifts for him on my D81.

She also apparently lent him money for other things like hire cars and internal flights…I had no idea of any of this whatsoever until I receive his D81.

Another large debt is apparently due his business partner. A business that was thriving in 2016 and growing exponentially but now and conveniently, is in the red. He says his share is also now negative.

This business didn’t benefit me or the marriage a single penny. He also says he’s not and doesn’t have to produce evidence to support this debt or negative investment.

Basically, he’s input debts and liabilities to show him as in need, although he has a very healthy lifetime monthly income from pension etc., and doesn’t need to work. After the lump sum I pay him, these liabilities and debts show a minus amount on his side which is what he wants to show to hopefully receive favour from the judge.

My ex continues living with his mother.

I’ve no debts or liabilities. I have worked and saved all my life plus, received an inheritance in 2018.

I earn nothing like what he earns monthly via his pension etc. I have to work full time and continue doing so till retirement in 2036, even though I’m unwell due to the stress and anxiety wholly as a result of my marriage.

I have no other pension other than state pension in 2036 and to receive full I need to input for NI another 14 years.

I could say much more but, he’s lied throughout our marriage and divorce and continues to do so.

I was the Petitioner in divorce. We were married 5 years and no children are involved. He’s now 62, I’m almost 54. The house has no mortgage.

My ex is currently awaiting sentencing after being convicted of bribery and honest wire services fraud, an important detail that the judge doesn’t yet know about but, needs to I feel.

I had no idea whatsoever prior to marriage of his history or these charges would arise hence, we’ve been enforceably separated after just 9 months of marriage.

I’m unwell with stress and anxiety as he’s also stated that if I don’t settle soon, he’ll mention the house and my funds to the relevant authorities when necessary and they’ll look to put a lien on my house due to fines and restitution that’ll be due.

It seems I married a lying, vindictive, controlling and manipulative beast.

Thank you for reading.

  • hadenoughnow
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27 Nov 22 #520258 by hadenoughnow
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I would strongly suggest that you take some legal advice.

If you are divorced and the house is in your sole name I cannot see how it can be at risk.

Have you seen bank statements, loan agreements etc to support the position he is claiming??

Hadenoughnow

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27 Nov 22 #520259 by Angiebmw
Reply from Angiebmw
Hi Hadenoughnow,

Your name on here is exactly how I feel!

Thank you for your reply, it’s really appreciated.

No I haven’t seen any bank statements or evidence of these apparent debts and he said he’s no need to show. Further, as his mother lent him the money and the bill is due to her, he can’t produce statements as they are his mother’s bank statements.

He said he’s sure his mother will attest to being owed this money…(of course, it’s his mother).

He said he could get an invoice for the business debt…it’s apparently for cattle feed but, that can be doctored…it’ll likely be an invoice just for feed but that could’ve fed his business partner’s cattle.

He said he won’t produce paperwork showing a negative investment as he’s under no obligation to.

It’s all here-say, surely a Judge won’t believe all this based on his word, simply as he’s signed a statement of truth.

As for the house, he says all settlements start 50-50, irrespective of and, although he’ll take less, he’s due a share as that’s what happens with divorce.

I do have a solicitor…she doesn’t know about this or our negotiations/ discussions to date. She’s very expensive so wanted to leave contacting her till I had too.

Due to all his evasiveness etc., during the divorce and then trying to hold me jointly and severally liable for his tax bill too…I ended up spending thousands with my solicitor while he spent far, far less.

He’s enjoying the control he thinks he has and he’s now threatening to have the Court sort this. I think he’s bluffing as he doesn’t want to spend thousands going through Courts but he said he’s due more than the lump sum we agreed so it’s worth his while going through Court as, whatever he receives will be additional to the sum we agreed therefore, the additional will cover his costs but, you’ll be paying through the nose period.

Pay up now or pay more later as he said.

I look forward to hopefully hearing back from you.

  • hadenoughnow
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27 Nov 22 #520260 by hadenoughnow
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Whilst it is true that 50:50 is a start point, this is a: of all assets and b: not necessarily how things end up depending on the circumstances. All assets are considered, including pensions and income.

I cannot comment on the detail of your proposed settlement as there are key details missing. You really cannot agree a settlement without full financial disclosure. This is what he would have to provide if he took the court route. This would include hard evidence in support of his position. You would also be able to raise questions about his disclosure.

This site offers a fixed price legal financial consultation which may be an option to consider.

Hadenoughnow

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28 Nov 22 #520261 by Angiebmw
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Hi again and thanks for your further reply!!!

Yes, hard evidence he’d need to produce however, I’ve read on here that many others down the Court route have had their ex’s submit more than deficient disclosure and/or lies and get away with it. Plus, even though there’s a statement that lies etc., carries penalties, even imprisonment, punishment is never handed out.

I read one post that said no matter what the wife said and produced, the judge didn’t even look at the paperwork, wasn’t interested and still decided 50-50 on everything, despite everything. This is what my ex will absolutely be hoping for.

His solicitor is cut throat and will be telling him to push for Court….she knows he’s awaiting sentencing already for bribery and fraud and she wants her bigger paycheque going the Court route.

I also know him and his solicitor will try every which way and loophole to try and evade producing any evidence and evade all questions by never answering the actual questions you asked…this happened throughout the divorce!!!

He has a very healthy military pension which apparently I’m not entitled to whatsoever as he earned before we married (only married 5 years) yet, he can go for everything I have now although I accrued the funds before marriage. Why is that?

I also received an inheritance whilst married.

What details do you need to know to aide further comment please?

As I said earlier, these debts and liabilities will show him in need more than I and, half my house and the lump sum we agreed is way more than half I had before marriage, how’s that fair!

The marriage has been a living hell, all because of him and his crimes, I’ve surely got PTSD which affects me daily, I’ve lost years of my life and more yet, he says he can, should and will walk away with half of everything I have minimum. I get nothing of his…how’s that right and fair!

He said he’ll consider reducing the % in the house on the D81 but, the lump sum remains the same, as long as he keeps his money, accounts, military pension and social security.

He’s absolutely earned money whilst separated and apparently saved, bought silver and whatever else yet pleads I’ve more than him and a Judge will see that and, when I mention these earnings and savings therefore, why did you need to borrow from your mother, he says he’s had to spend on other living expenses and then ignores further questions and gets defensive.

He ignores when I state he’s not lived with his mother the whole time he purports…..he selectively chooses what to respond to, what to say and selectively allocates across the board.

Im going on and it’s late…Lord knows what I’ll hear from him this coming week. It’s so draining dealing with such an arrogant, narcissistic, controlling, vindictive liar and cheat.

Thanks.

  • Angiebmw
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28 Nov 22 #520262 by Angiebmw
Reply from Angiebmw
I’ve got a free 20 minute consultation booked for this Tuesday morning. I’ll enquire about the fixed fee you mentioned when speaking with the lady from Wikivorce.

Thanks again and hopefully hear from you soon.

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