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Ex in business debt

  • elaine238
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18 Jul 22 #519620 by elaine238
Topic started by elaine238
Good evening all, I am currently in the process of collating information for the financial remedy. In summary we were together for 25 years married for 19. He is self employed and I am now in full time employment. We separated in March 2020.

Over the past 3-4 years my ex business is going into more debt. I am not sure but I suspect his buisness and personal bank accounts will reflect this. He could earn if he choose to but I feel that as as result of me applying for divorce he is intentionally making himself have as little as possible in the bank. He has a new partner and I suspect it is going into her bank.

He is living in our house and choosing not to pay the mortgage while I have to rent in a very expensive location with 2 teenagers (both his and he does not contribute to any costs)

I on the flip side have saved to fund the divorce and also have a pension. This it seems is not working in my favour. Will the judge understand this when we go to court or will he get a bigger part of the pot as he has made himself look poor ??

  • hadenoughnow
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19 Jul 22 #519628 by hadenoughnow
Reply from hadenoughnow
Are you in the court process?

Are you self representing??

I am sure judges are very wise to this sort of thing. You each have a responsibility to maximise your income. If his business is failing the expectation would be that he should seek employment.
I don't understand why he is still in the FMH if he cannot afford to pay the mortgage. Could you afford it on your own?? Why is his new gf not contributing?
NB If the mortgage is in joint names you will be liable to pay if he doesn't.
You may have to share your pension but if the children live with you, housing them is the priority. If he isn't paying CM because he is deliberately keeping his income down, a judge at a final hearing may think this should be reflected in any settlement.

It is very important that you go through his bank statements and business accounts very carefully to find evidence to support your suspicions. If you are in the court process you will be able to raise a questionnaire that could help shed some more light on his financial arrangements.

If you need help with this, you could get support from one of our divorce consultants with extensive experience of the court process.

Hadenoughnow

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