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How would this be split or how should it be split?
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chloo
Posts: 287 Forumite
My oh is in the middle of getting divorced and up until this point he has self represented but now we are getting a little confused with the stages he has just received the notice of proceedings for the first court hearing.
He is the respondent and has agreed to the grounds of adultery to get the divorce moving.
The nissi has been granted and they have been to mediation and the mediator recommended that the divorce goes to court as they can't seem to sort things between themselves.
The court date has come through but before that there is a few things that need to be complied with,
a form E which I think is the financial disclosure? Is this where you put down debts and assets? My oh and I are on ESA benefit at the moment this is a joint claim and our other income is child benefit which is in my name only. Does my partner put the full amount of benefit down that we receive?
Next is a concise statement of apparent issues between the two, what would this be? What can be included in this?
A chronology is also being asked for. Would this be a time line for example he left the family home on xx and paid xx on such and such a date?
Next they are asking for a questionnaire setting out information and documents needed. Would this be whee he asks about specific bank accounts he thinks are hidden? What else could be asked in here?
Then the final part is a notice in form G? What is this?!
The split is really hard as there is aprox £22k debt, the mortgage is around £67k and the house is valued at around £115k.
We are not sure is the mortgage is as tennants in common or joint tennants is there anyway to find this out?
My oh wants the debts paid off and his share of the equity put to one side,she is saying that she can't afford to pay off the debts but wants to stay in the house he doesn't want to stay on the mortgage but she won't be able to afford it on her own.
The debts haven't been paid for around 18 months now as we can't afford them and she has not paid them. They are all passed on to the debt agencies and we have managed to get them all frozen so interested isn't accruing. What will happen with these will the debt collectors come for assets or put a charge on the house?
They have two children together a child of 2 and 12
We have one child together who is newborn.
I apologise for all the questions but we would really appreciate the advice and answers. He has an appointment with CAB in a couple of weeks but he would like to get started with as much of this as possible.
Many thanks
He is the respondent and has agreed to the grounds of adultery to get the divorce moving.
The nissi has been granted and they have been to mediation and the mediator recommended that the divorce goes to court as they can't seem to sort things between themselves.
The court date has come through but before that there is a few things that need to be complied with,
a form E which I think is the financial disclosure? Is this where you put down debts and assets? My oh and I are on ESA benefit at the moment this is a joint claim and our other income is child benefit which is in my name only. Does my partner put the full amount of benefit down that we receive?
Next is a concise statement of apparent issues between the two, what would this be? What can be included in this?
A chronology is also being asked for. Would this be a time line for example he left the family home on xx and paid xx on such and such a date?
Next they are asking for a questionnaire setting out information and documents needed. Would this be whee he asks about specific bank accounts he thinks are hidden? What else could be asked in here?
Then the final part is a notice in form G? What is this?!
The split is really hard as there is aprox £22k debt, the mortgage is around £67k and the house is valued at around £115k.
We are not sure is the mortgage is as tennants in common or joint tennants is there anyway to find this out?
My oh wants the debts paid off and his share of the equity put to one side,she is saying that she can't afford to pay off the debts but wants to stay in the house he doesn't want to stay on the mortgage but she won't be able to afford it on her own.
The debts haven't been paid for around 18 months now as we can't afford them and she has not paid them. They are all passed on to the debt agencies and we have managed to get them all frozen so interested isn't accruing. What will happen with these will the debt collectors come for assets or put a charge on the house?
They have two children together a child of 2 and 12
We have one child together who is newborn.
I apologise for all the questions but we would really appreciate the advice and answers. He has an appointment with CAB in a couple of weeks but he would like to get started with as much of this as possible.
Many thanks
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Comments
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I would post on www.ondivorce.co.ukMama read so much about the dangers of drinking alcohol and eating chocolate that she immediately gave up reading.0
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Regarding the mortgage , if its in joint names your OH will remain jointly and separately responsible (same with the debts) for the payments and its very unlikely a sale can be forced until the children arw 18 or leave full time education.0
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I would advise your to keep ALL your finances separate from your partner as any links will trash your credit rating also. This means no joint accounts or bills.0
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Statement of issues is a brief outline of the issues that remain outstanding (e.g. sale of house, ownership of assets)
Chronology is even briefer - married on x date, children born on a&b dates, separated on y date, divorce paper submitted on x date.
Questionnaire wouldn't come until after exchange of Form E - it's the document on which you list all the questions that result from reading the other person's Form & Statement of Issues
Form G is completed to say whether everything has been successfully exchanged ahead of the First Appointment and no further questions remain (which is incredibly unlikely).
I can heartily recommend the Wikivorce website and forum, full of information regarding the steps (this part is called the Financial Proceedings) and an active forum with some very good respondents.
(Oh, and I now expect TBagpuss to come along and correct what I've written above
) :heartpuls Mrs Marleyboy :heartpuls
MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote Proud Parents to an Aut-some son 0 -
My oh is in the middle of getting divorced and up until this point he has self represented but now we are getting a little confused with the stages he has just received the notice of proceedings for the first court hearing.
He is the respondent and has agreed to the grounds of adultery to get the divorce moving.
I'd get some proper legal advice, because what he says may (or may not?) affect the settlements.
For example you say he has agreed that he committed adultery to get the divorce moving. Does that mean he didn't actually commit adultery? I suppose if he's found a new partner (ie you) and is technically still married then he did!The report button is for abusive posts, not because you don't like someone, or their opinions0 -
I'd get some proper legal advice, because what he says may (or may not?) affect the settlements.
For example you say he has agreed that he committed adultery to get the divorce moving. Does that mean he didn't actually commit adultery? I suppose if he's found a new partner (ie you) and is technically still married then he did!
Read Chloos other threads for.info.
OP I dont think self representation is a good idea. If I were in your e's shoes I wouldnt be feeling particularly "fair" tbh!0 -
I understand you are saving money by not having legal support - but at what cost?0
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I feel really sorry for the kids, all of them!
Seems fair enough the ex stays in the family house until her kids finish school/turn 18, why should they be turned out of their home? OH has a responsibility to them and it does not seem reasonable to get the equity right away.
If he ditches his wife with a newborn to go on and have another baby with someone else, imo the pair of them can fend for themselves financially... The financial mess is entirely of their own making.
Sorry if I'm harsh, but after having read the previous thread OP and OH don't get a lot lof sympathy from me.
https://forums.moneysavingexpert.com/discussion/47847270 -
Funny you met him when he was "working away" yet now when he has to present a financial account for himself -he's on ESA.
Does he not think with children to provide for he should start "working away" again ? He sounds such a prince I'm sure you can trust himI Would Rather Climb A Mountain Than Crawl Into A Hole
MSE Florida wedding .....no problem0 -
Sorry if I'm harsh, but after having read the previous thread OP and OH don't get a lot lof sympathy from me.
https://forums.moneysavingexpert.com/discussion/4784727
I just read the first post in that thread. He sounds a real catch doesn't he :eek:
Cheating on his wife (who'd just given birth to his second child) conveniently forgetting to mention to his bit on the side (ie the OP) that he has a newborn baby AND is still married.
And OP was considering having a child with this man herself ?? I'd think VERY carefully before committing to a future with this man. It's only a matter of time before the same pattern of behaviour emerges again. Philanderers don't usually change their ways.
Anyway, question answered, yes it was adultery!The report button is for abusive posts, not because you don't like someone, or their opinions0
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