Consent order

Hi

I am in between Nisi and Absolute! We had under some kind of duress (as the sale of the FMH was being threatened with falling through if we didn''t agree soon, and I could no longer afford to keep my ex - as i was paying for everything!!) signed a Heads of Agreement, however it appears she was lying about how much money she has - I think at least another £20k! The agreement was settled on the basis she bought a certain property at £163k, after signing she told me she was not buying it! the equity was split 72/28 in her favour, ie £106k to her £41 to me! Our only daughter is 18 and at university. My ex can work but refuses to, thereby saying she needs to be mortgage free!!
I also lost my job after signing, and 6 months later still do not have a''job'' there was also 3 months maintenance, which I could not pay a the time, but she moved in, and is still there as far as i am aware, so does not require it. we did have a partnership in which she took half t he profits but when closed down refused to pay half the debts (£18000)
I am now living with my new partner and her two teenagers, with a large mortgage!
I am contesting the Heads of agreement. Would welcome any thoughts.
Thanks
sorry for long post - complicated!

Hello and welcome to Wikivorce.

The Heads of Agreement isn''t legally binding, and if new information has come to light, or there is a change of circumstances, you would need to re-negioate a settlement.

So that members can advise you on what a fair split may look like, it would be helpful if you could answer the following questions:

Your respective ages

length of marraige (inc any pre-marital co-habitation)

number and ages of children, and who many nights they spend with each parent per week

a list of the marital assests

a list of the marital debt

your respective incomes

your respective outgoings

any other information that may be relevent (ie when did your ex last work, who is responsibile for the new large mortgage, etc)

apols, got a bit muddled there!

No worries - it happens

Thank you

I am now 52 she is 49. We were married for 16 years before I moved out.

The equity was £148250, she stated she had savings of £48k (which was more like £68k) I have a pension worth £57. I had to sell my rental property to pay the business debts, which came to £18500, she refused to pay a penny even though she prob had more out of the business than I did...

One daughter is 18, so doesn''t figure. She does work as a ''real model'' which can earn between £300-£800 for a day''s work!!! She didn''t have a ''proper job'' as she always refused to work, and still does as far as I know!

The large mortgage is now between myself and my new partner, she earns £1500 net per month, our monthly outgoings are approx. £4000 per month. I have no job but am revisiting my business, but this is not generating enough income at the moment.

As far as I am aware my ex is still living with her mother, and sat on all that cash! I do not know if she is ''working'' or not, but she will be doing modelling work.

Thanks

sorry pension is £57k!
forgot to mention my new partner has 2 teenagers, 13 & 16 which we have to support - her ex pays £5 a week maintenance!!
Also she will get 100% of her mum''s inheritance, maybe her dads too (he is minted) my mother has nothing.
Thanks

If she is 18 and at uni, your daughter definitely does figure. She may not automatically get child maintenance but will be considered when it comes to housing - she needs a bedroom at least in the holidays and may well require some additional financial help from time to time. This is, however, a short term consideration.

The court''s decisions about financial settlement are related to needs. These are the needs of the divorcing couple and not any new partner or their children. Your strict need is a one to two bed property as is hers. It may sound harsh but the court won''t be interested in the costs of supporting your new relationship.

Having said that, your situation has clearly changed and for this reason alone the heads of agreement need to be revisited.

It is not clear from what you say if the FMH has been sold or if your ex is living there. Has any money actually changed hands?
I don''t think her not working or working only intermittently would wash with a court unless there are medical reasons. Post divorce a property does not need to be owned if there aren''t the funds for this to be the case.

Hadenoughnow