The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

Imminent FDR

  • pinkelephant1
  • pinkelephant1's Avatar Posted by
  • Junior Member
  • Junior Member
More
19 Feb 23 #520634 by pinkelephant1
Topic started by pinkelephant1
Hi there,

I have an FDR very soon, but have been divorced for a few years. The final order from the time was so weak that it did not adequately make provisions for my and my children's future and has given my ex-husband the opportunity to reduce maintenance twice because he's in the position of power.

He is a high earner and in the top 1% but towards the end of the marriage denied me access to funds, built debt, forged my signature of mortgage advances, misappropriated hundreds of thousands on his mistress and other vices. He walked out of the FMH and left me with all the liabilities. I was a stay-at-home mum having given up a very lucrative career. He did not pay me any maintenance for almost two years and stopped working at the start of legal proceedings and again at the end whilst there were numerous black holes in our finances, i.e. the amounts on his P60 were not the amounts in the joint account. He also sold stocks, shares and premium bonds without my knowledge.

Fast forward to the first hearing a couple of months ago, the judge indicated that I would be likely to lose if I continued with my claims for half of what he stole, misappropriated etc and I would have to pay his costs - so much for the justice system! I therefore withdrew these claims and now seek a maintenance figure that I think he should be paying as well as the backdated reductions.

In our financial exhanges, he as expected, makes money disappear and although married now (to the mistress), does not reflect her salary and claims 100% of all household expenditure, reports colossal travel costs when works from home and allegedly also has a £10k debt to his poor pensioner mother which he repays yet has savings and kept a bonus aside for buying a property. It all reads a bit like an Enid Blyton story.

Most importantly, however, he and his now wife, have positive results in the land registry searches - him a property in his name and she another in hers. I will highlight, that she is 23 years his junior and had no money. In fact, he made money transfers to her from our accounts when we were still married. He, however, purports in his questionnaire that neither he nor his wife owns the properties and therefore they have no financial interest. Can anyone please explain how this can be when the documents actually have them as proprietors?

Any light would be most welcome as would any guidance on what to expect at this hearing. He will be represented by a barrister but I cannot afford the luxury of defending myself against abuse by being represented as having spent many tens of thousands during the actual divorce, I now have no funds.

Thanking you in advance.

  • .Charles
  • .Charles's Avatar
  • Platinum Member
  • Platinum Member
More
21 Feb 23 #520642 by .Charles
Reply from .Charles
Was there a final order made previously and you are applying to vary this?

Charles

  • pinkelephant1
  • pinkelephant1's Avatar Posted by
  • Junior Member
  • Junior Member
More
23 Feb 23 #520649 by pinkelephant1
Reply from pinkelephant1
Yes, exactly as ex-husband has twice reduced maintenance unilaterally.

Regards

  • hadenoughnow
  • hadenoughnow's Avatar
  • Moderator
  • Moderator
More
25 Feb 23 #520654 by hadenoughnow
Reply from hadenoughnow
So is this a maintenance case? It is rarely possible to reopen a financial case although an order can be overturned by a discovery of fraud.

If it's spousal maintenance as set out in the order, one question would be why you didn't make an enforcement application at the time he decided to vary it.

Spousal maintenance is based on need and ability to pay. If you've managed without the level ordered by the court you'll need to show how it impacted your lifestyle, created debt etc. Otherwise I am afraid the court may think you don't need it even if he clearly has the ability to pay.

Hadenoughnow

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.