Divorce and financial settlement

GotToChange

Just to add that (and without having read all subsequent posts fully), when it comes to division of the property - it may not be taken into account that "she" has paid the mortgage blah blah - IF it has been from benefits (thus it may be in your interest to know quite how the payment to the lender is made up as DSS help for mortgage interest - if applicable in your case - will be paid directly to them.

Something similar happened to me and I was left in the house as a single parent and the mortgage interest was being paid for me. When it came to the ancilliary matters (which actually post-dated the divorce itself, which should not have been allowed!), the Judge - yes, it ended up before him - said that the benefits did not count as "my income" and therefore I had not - even though I had - made a contribution to the mortgage whilst on benefits. (!!!!)

This has all sorts of negative consequences, so if this applies at all in your case - and I think it does (although it is a knowledge is power situation rather than anything else at this point) - make sure that you are are aware of all the financial circumstances both now and for the duration of your financial and legal connection.

One final note - if the words "Calderbank Letter" ever come up - be afraid, be very afraid. And make sure you are sending - not receiving.






(Yes, I had a really rubbish solicitor. But I learnt a lot.)

princessdreamer

What settlement did you end up with GTC ? Mine is still going through the court as ex is dragging his feet and hoping to push me under financially to make money (sigh)

GotToChange

The "agreement" (due to the aforementioned Calderbank Letter) was 50% of the equity remaining after the mortgage paid off -
BUT -
He had fairly hefty pension provision which I had to relinquish any "right" to (even though taking care that he had such and managing them was "thanks" to me....).
He lived in the house after tricking me into moving out and into a rented property (where I am now stuck); he lied to the Court on his financial disclosure as he fully planned to re-marry within 6 months and had been virtually co-habiting in her house, despite declaring "No" to each question on the "legal" document.
He then - WITHOUT my agreement - sold our house to his mother for £20,000 below the market value; and had also run up arrears since I moved out (unnecessary with a £250 mortgage payment - but then he was also paying his girlfriend's mortgage (shown on bank statement) - which was also in some way still partly the property of her duped husband as well).
His mother now lives in it - and to quote the Horlick's ad - I do not know how she sleeps at night.
In the time it took to sort out the whole ugly mess, my earning potential increased - but so did house prices - and the property that I moved into trebled in value - and then my "career" took a nose dive. A lesson learnt.
Sorry for the mini rant.
Not sure if you are a case for a Calderbank Letter - which forces the other party to accept your "offer" or have to pay all your costs from then on - but could be worth asking your Solicitor.

princessdreamer

Thanks. I have one of those non existant GF he lives with as well, on his forms he states he is homeless. I'm still in the FMH paying for everything. Oh well court (again) next week.

M00se_2

well went to mediation, the outcome being I get 41% and the triggers I wanted added. Cost me £180 but I gained an extra 6% & the triggers so im happy. Lucky me and my ex can still agree on most things so was real easy for us. The 90 mins session was done in 45.

Sorry to see the last 2 posters seem to have idiots for ex`s, GL to you both.

princessdreamer

Thanks Moose pleased things are getting sorted for you. Court was a waste f time thanks to the ex again oh well back again in June so fingers crossed.