Financial settlement for divorce Help

tightauldgit

The bundle is just literally a hard copy of all the documents that the court has asked for. Or in my ex-wife's case... a hard copy of whichever documents she wishes the court to see, conveniently omitting anything that she doesn't. You'll find out in the process if your ex is using a solicitor or not. 

Momanns

Hi OP - I have had a few friends go through a similar process. If you can, take a step back and put what is fair to one side for a minute. The court will start with a split of all assets and go from there. This includes your pension and properties. They will likely not consider the renovation costs.

It is often the case the financial settlement is unfair for one side, usually the side that has carried on working etc. The counter argument being that you agreed for your ex-partner to not work whilst raising the children. 

It's clear you want a clean break and to get this sorted so you may need to accept you will be losing out in this process but:

a) The settlement enables your ex-partner to house and provide for the children
b) You get a clean break and whilst employed, can "rebuild" financially.

ali137

TBagpuss said:

Which part confuses you?

If your wife does instruct solicitors to deal with the finances then her solicitor will have to do the bundle and to 'e-file' it (i.e. submit a PDF version)

IF she doesn't, then you do a hardcopy paper bundle and send it to the court as a physical bundle in a lever arch file. You need to keep an identical copy for yourself and send a copy of the index to your ex so she can make her onw physical copy. 

If she does not instruct solicitor, then i have to do it. Is there any example of a bundle online? 

ali137

tightauldgit said:

The bundle is just literally a hard copy of all the documents that the court has asked for. Or in my ex-wife's case... a hard copy of whichever documents she wishes the court to see, conveniently omitting anything that she doesn't. You'll find out in the process if your ex is using a solicitor or not. 

She is refusing to talk to me. 

ali137

Momanns said:

Hi OP - I have had a few friends go through a similar process. If you can, take a step back and put what is fair to one side for a minute. The court will start with a split of all assets and go from there. This includes your pension and properties. They will likely not consider the renovation costs.

It is often the case the financial settlement is unfair for one side, usually the side that has carried on working etc. The counter argument being that you agreed for your ex-partner to not work whilst raising the children. 

It's clear you want a clean break and to get this sorted so you may need to accept you will be losing out in this process but:

a) The settlement enables your ex-partner to house and provide for the children
b) You get a clean break and whilst employed, can "rebuild" financially.

Thank you for reply. I never told her not to work, it was her choice. I know i will loose a lot financially no matter what, even i had the children i will loose. 

I am currently minus £100 each month due to mortgage, etc, cost of living. Whilst she is getting universal credit, child maintenance from me nearly 3k a month, free council house, free rent and council tax. i had to borrow money from bank otherwise house will get repossessed. She has put me in big trouble, but no one cares, charities etc, no one. 

Pointless me feeling sorry for myself, therefore i made the fiancial application because she does not want a divorce, she is looking at every opportunity to delay me divorcing her. She put a block on me getting a fianl divorce paper since February until finances are sorted and she does not move her backside because at mediation they told her if she receives lump sum she will loose benefits. I am fed up of this. 

I need to sell everything and take whatever they give me and move on with my life. 

Hopefully everything goes ok,

tightauldgit

ali137 said:

TBagpuss said:

Which part confuses you?

If your wife does instruct solicitors to deal with the finances then her solicitor will have to do the bundle and to 'e-file' it (i.e. submit a PDF version)

IF she doesn't, then you do a hardcopy paper bundle and send it to the court as a physical bundle in a lever arch file. You need to keep an identical copy for yourself and send a copy of the index to your ex so she can make her onw physical copy. 

If she does not instruct solicitor, then i have to do it. Is there any example of a bundle online? 

I'm not sure why you are making such a big deal of this - the bundle is simply a hardcopy printout of all the documents from both sides that the court has asked for, the pages should be numbered and an index provided. It's a pain in the butt to have to do it, but it's not difficult - just time (and paper) consuming. 

ali137

tightauldgit said:

ali137 said:

TBagpuss said:

Which part confuses you?

If your wife does instruct solicitors to deal with the finances then her solicitor will have to do the bundle and to 'e-file' it (i.e. submit a PDF version)

IF she doesn't, then you do a hardcopy paper bundle and send it to the court as a physical bundle in a lever arch file. You need to keep an identical copy for yourself and send a copy of the index to your ex so she can make her onw physical copy. 

If she does not instruct solicitor, then i have to do it. Is there any example of a bundle online? 

I'm not sure why you are making such a big deal of this - the bundle is simply a hardcopy printout of all the documents from both sides that the court has asked for, the pages should be numbered and an index provided. It's a pain in the butt to have to do it, but it's not difficult - just time (and paper) consuming. 

So bank statements, house valuations, pension statement, etc every document numbered, every pages. And just a index these pages, what page number refers to what?

ali137

Now another issue, court said she was served the court papers on Tuesday by post and email, she might deny receiving these and not attend court. 

I might have to use a process server, another headache 

tightauldgit

ali137 said:

tightauldgit said:

ali137 said:

TBagpuss said:

Which part confuses you?

If your wife does instruct solicitors to deal with the finances then her solicitor will have to do the bundle and to 'e-file' it (i.e. submit a PDF version)

IF she doesn't, then you do a hardcopy paper bundle and send it to the court as a physical bundle in a lever arch file. You need to keep an identical copy for yourself and send a copy of the index to your ex so she can make her onw physical copy. 

If she does not instruct solicitor, then i have to do it. Is there any example of a bundle online? 

I'm not sure why you are making such a big deal of this - the bundle is simply a hardcopy printout of all the documents from both sides that the court has asked for, the pages should be numbered and an index provided. It's a pain in the butt to have to do it, but it's not difficult - just time (and paper) consuming. 

So bank statements, house valuations, pension statement, etc every document numbered, every pages. And just a index these pages, what page number refers to what?

Yep, so both Form Es all the supporting documents, the form for the court application, the timeline, the statement of issues, etc etc. You can hand write numbers on them and then an index that lists what's there and the relevant page numbers. One copy for the court, one copy for the ex (and one for yourself). and you need to send it to the ex at whatever address they have provided.

ali137

Spoke to her solicitor today and solicitor is saying they have to make application for legal aid (solicitor has not even made the application, trying to delay) so it’s unlikely that both can exchange Form E in August 2023, so that means now her solicitor will ask court to delay first meeting. I have house valuations, pension CETV, etc, all will be expired as it will be past 6 month date if court moves the first appointment date from September 2023.

i am fed up of this, i am sticking to the rules, i am the one who will loose out but wife does not want divorce and delaying everything now the finances so i don't get the final divorce paper. . 

Is there anything i can do. 

Court gave following dates in Form C:

Exchange of Form E and submit ti court by August 2023

first FDA September 2023