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  • FIRST POST
    • I_told_you_so
    • By I_told_you_so 11th Oct 17, 12:26 PM
    • 29Posts
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    I_told_you_so
    Divorce / Financial Settlement
    • #1
    • 11th Oct 17, 12:26 PM
    Divorce / Financial Settlement 11th Oct 17 at 12:26 PM
    I have been divorced for a few years and starting to tackle the financial settlement now.
    Both myself & EX have got solicitors at the moment, but due to spiralling costs I am contemplating to do this as a Litigant in Person and bin the solicitor.
    I have already spent just under £2000 and my solicitor hasn't even got around to making a settlement proposal yet. This money has just gone on e-mails , a letter and checking 2 x Form E with attachments. At this rate I will be out of money shortly and nothing has really been achieved, so I may be forced to continue as a LIP.
    We were married for just under 20 years, two children, one lives with my ex and one with me.
    He is living with his new girlfriend in her property. I still reside in the marital home. I work full time and pay both the mortgage and the secured loan. He has never made any contributions to the household since leaving, I am paying all bills from my wage which leaves me with very little left over.
    He was always bad with money and racked up debt in my name by using my credit cards without my knowledge. I am also paying that off. The secured loan was taken out to pay off his previous debts, it is in joint names, but I am also paying it on my own.
    During the marriage he also bankrupted himself and I had to buy him out to safe the house from the official receiver. ( The official receiver offered me to purchase the beneficial interest of the bankrupt which I did), I have the relevant deed of assignment, but my ex remains on the mortgage and secured loan as these are in joint names. I couldn't re-mortgage on my own due to bad credit history (still linked with ex) and my wages are not high enough.
    My ex has twice as much in his pension pot as I worked part time when the kids were small.
    My solicitor has suggested that we ask that the house is signed over to me (although I have deed of assignment from after the bankruptcy proceedings my ex name is still on the land registry deeds, as I couldn't afford the fees at the time to have him taken off from there officially. I would have had to pay another solicitor, when I already had to pay the official receiver's legal fees at the time. It wasn't an option then)
    That we go 50/50 on the pensions and that's it
    But I also would like him to make monthly contributions towards the secured loan (at least half) as he had a benefit of the money (i.e. it cleared all of his debts at the time and consolidated them to a cheaper payment) and I feel it unfair that I am now paying it off myself for the next 13 years .
    The problem is, he is already now in a new IVA since being with his new girlfriend he racked up new debts and has claimed more or less poverty on his Form E. He works full time though, drives in a £15000 car and lives with his girlfriend in a 5 bed detached house. Of course he says he owns nothing and it is all his girlfriends. He claims he is paying her £800 a month in rent , but his bank statements show he doesn't really. In actual fact his girlfriend pays him hundreds of pounds every month. (Don't know what for)
    My solicitor says I shouldn't really look at the bank statements, but not sure why they were included then....
    So not sure whether this is something i could pursue myself as a LIP without a solicitor ?
    Any thoughts ?
Page 1
    • TBagpuss
    • By TBagpuss 11th Oct 17, 3:39 PM
    • 6,084 Posts
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    TBagpuss
    • #2
    • 11th Oct 17, 3:39 PM
    • #2
    • 11th Oct 17, 3:39 PM
    It's up to you. You *can* in that it is perfectly legal. Whether you should is another matter.

    Bear in mind that the court can only redistribute the assets there are. If your ex is bad with money and has already been bankrupt once and in a new IVA already, the chances of him maintaining payments on a secured loan seem fairly slim, and it doesn't sound as though he has any capital assets worth speaking of.

    You might do better to propose that you have more than 50% of the pensions to take account of the fact that as you will be paying the secured loans you will have less disposable income to build yup pension, and that it is the only way to even out the unfairness.

    How long before the divorce was his bankruptcy? A court may take the view that that should not prevent him from having some claim on the house, particularly if it was some time before you separated.
    Last edited by TBagpuss; 23-10-2017 at 3:21 PM.
    • I_told_you_so
    • By I_told_you_so 21st Oct 17, 8:34 PM
    • 29 Posts
    • 3 Thanks
    I_told_you_so
    • #3
    • 21st Oct 17, 8:34 PM
    • #3
    • 21st Oct 17, 8:34 PM
    I may have to take the risk.
    I can't leave it as it is, as at the moment I am paying off the house on my own. He could leave it for 11 years and when it's all paid off make a claim against me. Once it is paid off (through no contribution of his own) and if a court finding that despite having lost his beneficial interest through bankruptcy and making no contributions to the costs, he was still entitled to something, I would loose considerably more than I would now. (Due to the mortgage & secured loan there is very little equity at the moment)
    So I have to force a decision now, one way or another.
    I just can't afford to continue using a solicitor, that['s my problem. I could easily use up all my capital on the solicitor and then still loose more in this dispute. She would get paid in any case, whether it all goes my way or not. So for the solicitor it is all a win - win scenario.
    So I am a bit stuck. But time is not on my side, as every month that goes by and I pay £1200 a month on my own in mortgage and secured loan repayments I increase the equity of the property. All he needs to do is wait for me to pay it all off, I can't let that happen. I need to force this on way or another.
    Last edited by I_told_you_so; 21-10-2017 at 8:40 PM.
    • Tabbytabitha
    • By Tabbytabitha 21st Oct 17, 9:28 PM
    • 492 Posts
    • 963 Thanks
    Tabbytabitha
    • #4
    • 21st Oct 17, 9:28 PM
    • #4
    • 21st Oct 17, 9:28 PM
    How have you managed to be divorced without a financial settlement in place?
    • pphillips
    • By pphillips 22nd Oct 17, 10:27 PM
    • 233 Posts
    • 187 Thanks
    pphillips
    • #5
    • 22nd Oct 17, 10:27 PM
    • #5
    • 22nd Oct 17, 10:27 PM
    How have you managed to be divorced without a financial settlement in place?
    Originally posted by Tabbytabitha
    This isn't the USA, where you get both the divorce and the financial settlement at the same time.
    • pphillips
    • By pphillips 22nd Oct 17, 10:53 PM
    • 233 Posts
    • 187 Thanks
    pphillips
    • #6
    • 22nd Oct 17, 10:53 PM
    • #6
    • 22nd Oct 17, 10:53 PM
    What matters is what the form E says as this the official court declaration and lying on it can result in criminal liability.

    Your ex doesn't have assets of any real value and all you want is a periodical payments order and a pension sharing order.

    If your ex's name shouldn't be on the property then have him pay his own solicitor to have it taken off when you sort out the rest of the financial settlement.

    Solicitors are fine if you can afford them but if you can't then you have to go it alone and get your opponent's solicitors do some of the legwork.
    Last edited by pphillips; 22-10-2017 at 10:56 PM.
    • TBagpuss
    • By TBagpuss 23rd Oct 17, 3:24 PM
    • 6,084 Posts
    • 7,837 Thanks
    TBagpuss
    • #7
    • 23rd Oct 17, 3:24 PM
    • #7
    • 23rd Oct 17, 3:24 PM
    You could see whether your solicitor offers 'unbundled' services, which would allow you to do some of the work yourself and use the solicitor for specific advice as and when needed.

    Getting Form Es so they are clear about the financial situation is a normal first step, but if you explicitly instruct them to put forward an offer, you can do so. They work for you. They may well explain that if there is outstading financial information, they can't advise you as to whether the proposal you want to make is good or bad, but as you as you understand that, if you instruct them to go ahead, they can.
    • I_told_you_so
    • By I_told_you_so 25th Oct 17, 5:30 PM
    • 29 Posts
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    I_told_you_so
    • #8
    • 25th Oct 17, 5:30 PM
    • #8
    • 25th Oct 17, 5:30 PM
    Yeah, we have exchanged Form E. I was truthful and he wasn't. But my solicitor said it wasn't relevant as no Ferraris are involved and a judge wouldn't care much about the fact that my ex has omitted a lot of things. I wasn't told that before I filled out my Form E and went to great lengths to get a ll the paperwork in order. My ex didn't bother much with anything. And all you have to do is look at his attached bank statements to see he was lying on the Form E. But my solicitor keeps telling me it is not relevant. I have stopped asking now, as she charges me between £20 and £50 for every e-mail and it is just turning into a huge waste of money. She even charged me £50 to look for paperwork that was there in the first place. I paid her £250 to view and check my Form E and the paperwork that goes with it. She e-mailed me and said I forgot to include something. I e-mailed her back and said no, it's there, I am sure of it. She found it and charged me £50 for "looking for document and finding it". This is not sustainable for me.
    So I am preparing to do the rest myself.
    Asking for some unbundled work is a very good idea. That would suit me much better, I wasn't aware that is possible. Maybe another solicitor could do that, as I have lost some confidence and faith in my existing one.
    • I_told_you_so
    • By I_told_you_so 25th Oct 17, 5:34 PM
    • 29 Posts
    • 3 Thanks
    I_told_you_so
    • #9
    • 25th Oct 17, 5:34 PM
    • #9
    • 25th Oct 17, 5:34 PM
    How have you managed to be divorced without a financial settlement in place?
    Originally posted by Tabbytabitha
    the two aren't connected as such. You can get divorced and never sort out the finances, or just do it later. It doesn't have to be done at the same time.
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