D81 Question

Thank you, hadenoughnow, for your response.

I appreciate all your comments and, I know the D81 isn’t a place for arguments however, this isn’t an argument, it’s stating facts I think

and, my solicitor thinks, the Judge should be aware of.

Whichever Judge sees our paperwork won’t have any idea of what’s gone on and how the agreement was reached if certain facts weren’t stated, my breakdown for example and the fact we’ve been enforceably separated 75% of a short marriage due to his criminal offences.

I had money before we met, he came to me with virtually nothing and, it’s not right I shell out for a short childless marriage to a person who was arrested and confined after only 9 months of marriage and he knew this would happen before we married. That is far from “tit for tat”.

The draft hasn’t been signed and there’s no pension sharing or offsetting as apparently, I’m not entitled to his military pension accrued before marriage.

It’s agreed I’m to pay him a lump sum but I want to ensure that it’s agreed and I’m to pay him no more. Also, to ensure that I’m not pursued by the authorities to then further pay his fine and restitution which he’s threatened I may have to, as well as a lien/levy on my house until said financial criminal liabilities are fully discharged.

I just want to ensure the judge is made aware of the nuts and bolts of this absolutely farcical marriage and, marriage to a liar, cheat and all but convicted criminal for very serious criminal offences.

Many thanks.

Further, mediation isn’t possible as he’s on federal hold in the USA.

Ok. It sounds like you would be exempt from mediation if he is not in the UK.

There is provision for you each to file your own D81 if there's a good reason for doing so. Perhaps that's the way to go?

I cannot comment on the detail of the settlement. You have had legal advice which presumably has been accepted.

The order would be a full and final settlement with no option to seek further settlement. I imagine your concerns about the full separation of your financial affairs will be addressed in the wording which should be checked by your solicitor.

Hadenoughnow

Thank you for your further reply, hadenoughnow!

That’s was I was originally messaging about in that would filing my own D81 be the way forward, I think there’s good reason seen as he’s trying to withhold and downplay vital information on the current unsigned draft, I just needed other’s thoughts on this. Thank you.

He will not be happy if I file my own but, he can’t have it both ways! I’ve been through literal hell, had a complete breakdown and, all down to him. I need full severance with no repercussions and an order fully sealed and ratified.

Yes, the wording fully addresses my total concerns. My solicitor has been fully aware and appraised of the whole situation from when I retained her, over 2 years ago.

My concern is although the order addresses full non-disclosure etc., this might not stop/prevent the US Government being able to pursue me for his fine and restitution. This I’m told by my ex is what would happen if he’s sentenced in the USA before this order is approved and sealed by a judge in the U.K.

He’s threatening that if I don’t capitulate, he’ll mention my house, money and assets the moment he gets chance to the US Government and, they’ll levy against me first, although he has a significant monthly income by way of military pension and full social security.

It’s all so mind blowing and stressful. My life hasn’t been my own since his arrest and enforced to return to the USA in March 2017. I wished I’d filed well before March 2021 but if I had, I still believe I’d have the same issues with this piece of work.

If I did file my own D81, would he see this or would it be sent directly to the Court please? Further, if I was able to send directly to the Court, would I then not see his D81?

The D81/Statement of Information is the sticking point here. The financial remedy document seems ok. Would therefore both documents be sent to the Court if I file my own D81 or not, if that makes sense?