Divorce with no financial settlement implications

The_Phantom

My solicitor at the time said a financial order doesn't have to be made at point of divorce but can be made at any point afterwards, too.
But the more time has passed the more difficult it may be for the applicant to justify the demands made. (i.e. the question 'why are you asking for this now ?' would be asked) If the answer is, well she has now finally paid off all my debts and there is a piece of the cake to be had, it may be a struggle to convince a judge of the fairness in this. But she did say each case would be judged on its own merit.
The fact that I had to buy him out before through his bankruptcy and he never made any financial contribution to the mortgage payments since the separation should certainly have some weight.

The debts he racked up were credit card debts. He was partially using my card without my knowledge and hiding postal statements. I still find old credit card statements hidden in the most obscure places in the house to this date. So thinking of it, I am also paying off the credit card he was using un-authorised. When I checked with authorities they said they couldn't due anything as it was within the family unit, so it would be impossible to proof he acted without my consent. It also couldn't be included in his bankruptcy petition because it was in my name. LOL.

Going by the credit card statements a lot of his spending was online gambling, pornography (online and also mail order) and substantial amounts of cash withdrawals against the cards. Not sure if anything of that actually did benefit the family in any way, I would probably argue against that...
I have no idea what he did with all the cash he withdrew against the credit cards, as he has nothing to show for the money that was drained away. It wasn't like we were driving big cars or went on expensive holidays. I am just puzzled by it to this date.

I am not from the UK and have savings in my home country. But a lot of those have gone, as well, as I had to continuously supply more and more money to help pay off debts here. I have some left abroad, but he knows that, so I am also worried that he would want half of that, as well if I asked for a consent order. If we both have to declare all our assets (I have some cash abroad). Which means he declares what he has (i.e.nothing (apart from more debts by now I would have thought)) and I declare what I have (some left over savings abroad plus a bit of a win fall after we separated) and he will try and take another half of that as well.
As he has never brought anything to the table apart from debts throughout the marriage I am not inclined to let him have a penny more.
But I am very grateful for the advice that has so far been offered. It has given me a lot to think about

RAS

You currently have two dependent children; so the courts will be more generous to you now than after they reach the age of 18 years.

You currently are in negative equity, so the courts will be more generous to you than when you have paid off the debt.

If you do not think either of those point worth thinking about, take your lawyers advice and stop asking on MSE if you are not prepared to consider anything other than the message that support your point of view.

The_Phantom

I'll have to consider all options, not just one or another.
Reading the various answers, opinions are certainly divided on this.
I am weighing up all pros and cons.

Sorry if i have given the impression that I have given preference to some answers over others. (I haven't)

Forum advice can't replace proper legal advice, so before I was to do anything I would see my solicitor again for more in depth advice, but the information here is certainly helpful, as well.

GlasweJen

If you won the lottery tomorrow your ex could go for half of it without a financial settlement in place.

The_Phantom

How could he, the money would have been gained after the divorce, it wasn't jointly gained or acquired during the marriage. It would have been given explicitly to me and not to both of us as a couple.

And if I was to win the lottery I would take the money and go back home anyway, I wouldn't stay in this country.
He could go and whistle then anyway. :T

Kynthia

The_Phantom wrote: »

How could he, the money would have been gained after the divorce, it wasn't jointly gained or acquired during the marriage. It would have been given explicitly to me and not to both of us as a couple.

And if I was to win the lottery I would take the money and go back home anyway, I wouldn't stay in this country.
He could go and whistle then anyway. :T

I know someone who was getting divorced without their ex being involved (apologies as I don't know the details or the exact legal terms). This meant she couldn't get a final settlement and her solicitor told her that potentially in the future he could come after a share of anything she gained after the divorce. It's hard to say how likely he'd be successful but it shows you that the the lottery post isn't wrong.

Floxxie

Absolutely correct. Divorce is the ending of the marriage. A consent order is the financial settlement. Getting a divorce is the easy bit!

Why don't you post your query at https://www.wikivorce.com as there are some legal experts there and they will be able to direct you.

Floxxie

There was this recent case: http://www.theguardian.com/law/2015/mar/11/woman-wins-right-seek-money-ex-husband-30-years-after-break-up-dale-vince

“It is unprecedented to hear of a claim being made after 22 years but the court has ruled that because there was no financial order and no time limit in family law for making a financial order, there was nothing to prevent Ms Wyatt’s claim from being successful and the high court will now consider how much she should receive bearing in mind current law.”

RAS

Floxxie wrote: »

There was this recent case: http://www.theguardian.com/law/2015/mar/11/woman-wins-right-seek-money-ex-husband-30-years-after-break-up-dale-vince

“It is unprecedented to hear of a claim being made after 22 years but the court has ruled that because there was no financial order and no time limit in family law for making a financial order, there was nothing to prevent Ms Wyatt’s claim from being successful and the high court will now consider how much she should receive bearing in mind current law.”

The Dale Vince situation was actually even more difficult. Vince could not PROVE that there was a consent order because the court concerned had disposed of the paperwork. So it really is important to retain a copy of the consent order just in case.

burlington6

GlasweJen wrote: »

If you won the lottery tomorrow your ex could go for half of it without a financial settlement in place.

Wouldn't happen, her EX is a man so it would be laughed out of court