Any suggestions? - Prelim Divorce Hearing

AuntyJean

Hi MSE's,

My partner is going through a lengthy divorce. His wife left and moved to Poole with her boyfriend and house has been repossessed. There is a shortfall between value of house (still not sold) and mortgage of about £10K, plus she is claiming that when they topped up the mortgage it was for £40K and she saw nothing of the benefit or money so is claiming this amount in full plus a pension sharing order.

I won't go into the in's and out's but the £40k was in fact only £30k and this money was used to pay the various direct debits, including the mortgage every month and dwindled away over a period of just a year.

How can we show that he had no benefit from this money and that jointly they used the funds on day to day living?

The hearing is on Wednesay and he has to see his solicitor on Monday!!!

Mrs_P_Pincher

If it's only the preliminary hearing then presumably full financial disclosure will be ordered if it has not already taken place and the documents produced, whether by him or her, will show the correct amount for the top up on the mortgage, where it went and what it was used for.

If his wife cannot prove her claims then ultimately they should fail.

Hold your nerve.

Mrs P P

AuntyJean

Mrs_P_Pincher wrote: »

If it's only the preliminary hearing then presumably full financial disclosure will be ordered if it has not already taken place and the documents produced, whether by him or her, will show the correct amount for the top up on the mortgage, where it went and what it was used for.

If his wife cannot prove her claims then ultimately they should fail.

Hold your nerve.

Mrs P P

Both parties have disclosed but she gave up her job and being unemployed has the advantage of legal aid. I have to print off all my partners bank statements since 2006 to show where the money has gone. She did not even have a bank account! He has pensions on which she is claiming because he is the one who worked 6 days a week and paid all the bills. My concern is being a 'poor woman without income' the court will find in her favour and my partner will end up £40k in debt.

Caz3121

Divorce is a nightmare and there are no hard and fast rules regarding the division of assets and pensions etc many factors are taken into account.

What are the ages of the individuals (if she is in her 30s it may be looked at that she has plenty time to get her own pension, if in 50s then pension sharing may be appropriate)
Are there young children involved? is this the reason she is not working?

there is a good site here with people that give tons of good advice from personal experiences (I am nothing to do with the site but used them when going through mine)
http://www.ondivorce.co.uk/chatdiscuss.htm

AuntyJean

Caz3121 wrote: »

Divorce is a nightmare and there are no hard and fast rules regarding the division of assets and pensions etc many factors are taken into account.

What are the ages of the individuals (if she is in her 30s it may be looked at that she has plenty time to get her own pension, if in 50s then pension sharing may be appropriate)
Are there young children involved? is this the reason she is not working?

there is a good site here with people that give tons of good advice from personal experiences (I am nothing to do with the site but used them when going through mine)
http://www.ondivorce.co.uk/chatdiscuss.htm

She is 42, my partner is 50. She lied on her affidavit saying she was not in a permanent relationship or intending to live with a partner when she was the one who had an affair and moved him into the marital home before she moved to his home town! She is even claiming for petrol when she can't drive/does not have a car!

Our solicitor has said my partner does not say much - this is because he has no dealings with solicitors and is scared to death of them. He just takes whatever is thrown at him. Last night he was so upset to think she will be getting everything he ever worked for and instead of starting a new life with me will have to spend the rest of his life paying her off when she was the one who started the whole thing.

She left their 17 year old daughter behind and I took her in when house became reposessed. She is now 18