Divorce/Mediation question

working_classy

My new partner is separated and about to start divorce proceedings, she moved out of the marital home some time ago.

They have 2 children, they have already decided on the split of which days/nights they will have the children between them.

As we understand it, they will be encouraged to try mediation first. We believe her ex partner is doing his best to hide assets (confirmed by a mutual family member), apart from those that my partner knows about, how do the mediation team verify that what he says he has is exactly what he has?  For instance, they co-owned an apartment down South which we now believe he has put into his father's name so she won't be able to get anything from it.

MalMonroe

Hi, I've been through a divorce myself and did not find mediation helpful in the slightest. Whatever is decided during mediation is not legally binding, either. 

Here's some information from the government - https://www.gov.uk/money-property-when-relationship-ends/mediation

Any property they owned jointly, whether it's been put into another person's name or not, will still be considered by a court to be their joint property. (How has her husband managed to put it into someone else's name if it's jointly owned, though?)  All your partner needs is proof of the joint ownership.

It's true that in most divorces, there are lots of rumours and tales flying around but the best thing, in my view and having been through the whole process, is to engage a solicitor. It's cheaper in the long run to do that at the outset. I found mediation - although I attempted it in the first instance - to be very unhelpful and unnecessary. 

Your partner may find the help and advice in the following link from Wikivorce helpful - https://divorce.wikivorce.com/

working_classy

MalMonroe said:

Hi, I've been through a divorce myself and did not find mediation helpful in the slightest. Whatever is decided during mediation is not legally binding, either. 

Here's some information from the government - https://www.gov.uk/money-property-when-relationship-ends/mediation

Any property they owned jointly, whether it's been put into another person's name or not, will still be considered by a court to be their joint property. (How has her husband managed to put it into someone else's name if it's jointly owned, though?)  All your partner needs is proof of the joint ownership.

It's true that in most divorces, there are lots of rumours and tales flying around but the best thing, in my view and having been through the whole process, is to engage a solicitor. It's cheaper in the long run to do that at the outset. I found mediation - although I attempted it in the first instance - to be very unhelpful and unnecessary. 

Your partner may find the help and advice in the following link from Wikivorce helpful - https://divorce.wikivorce.com/

Thank you for the reply Mal. So do you know if the court has the means to find out his hidden assets other than those of which my partner knows about?

Flugelhorn

best to check the status of the property at the land registry website - can download for £3 - as others have said can't alter the ownership if jointly owned

mark5

She should instruct a solicitor and give him details of the property it wouldn’t be difficult.

Normally both sides list all assets on a form E which is then disclosed to the other side to dispute or agree with.

TBagpuss

A mediator doesn't do anything to try to chck up on assets, both parties are trusted to be honest.

IFshe goes through a solicitor / applies to court, theere still isn't a magic bullet that means someone can find hidden assets, it's about asking the right questions (e.g. hopefully she has a fair idea of what he had when they split up, so she can work with her solicitors to ask questions about what happened to the assetsd he had at that time. Both parties have to provide finacial socumwnrts so she and her solicitors will be able to go through his bank statements looking for payments in or out which aren't familiar / don't tie in with what he has disclosed. If she is aware of another property then they can get copies ofthe titles deeds to see whether his name is on them, and if not, whose name it is in, and so on. 

If therewas a property held in the joint names of you partner and her ex, he won't have been able to trmnasfer it without her cooperation (unless it's alleged that he forged her signature) 

Sometimes attending mediation can mean going to the first intake meeting, explaining that he is not prepared to disclose information and that she doesn't feel that mediation can be effective as she can't trust him to be honest, and a mediator determining that the case is not suitable and signing it off to allow her to apply to court.

In other cases, propposing that the partie provide mutual voluntary dislosure before starting the mediation process can be helpful. 

her solicitior will be better placed to advise, and if she hasn't got one, that should be her forst port of call, especially as she doesn't trust her ex.