Preparing a statement of information(14 Posts)
I would like to apply for a clean break order at the end of my divorce. A bit of background.... Separated 2.5 years. STBX had good job but I received extremely little payments for maintenance for kids, or myself in this time . I have worked all hours to start a business, have sole residency of both children. I have lived frugally for the last 2.5 years, the children have not done without but we have not had a holiday or done non essential repairs to the house. I have saved as much money as I can just in case my business doesn't work and we need the money to live. My STBXH spent all his money on holidays, clothes but also on a mortgage, and he has no savings. Six months ago he was sacked for gross misconduct. Has spent all his money and has no job prospects at all.
I'm just about to fill in the Statement of Information form.
I have no mortgage ( the house was paid for) I have a very small income, and have 2 teenage children. I work hard, am dedicated to them, and am very good at saving money on myself. Consequently my savings look really good on paper. Would I be better spending this on house improvements or a new car. I think my STBX is about to claim that he cannot work due to Ill health ( which is not correct) I am so worried that I am working so hard and will end up supporting him also.
We are both in agreement on how things are to be split, but I guess my worry is that a Judge would look at our assets on paper and mine would wildly exceed his, even though he realises I'm sole supporter of the children.
What do you guys think?
there is a section in the statement of information where you can put a brief explanation. Sorry, I don't have one in front of me, but I think it is at the top of the third page, just above the section where it asks where you are going to live. The key thing to emphasise is that you have accumulated these assets after separation, and without any support from exH. Just summarise what you say in your OP.
anyway, if a judge has questions, s/he will write to ask you to clarify why the proposed order would be fair.
Thank you, yes I see. That feels better.
So the statement of information form and the clean break order are two different things, is that right?
We have agreed on a clean break and all it's terms, I was under the opinion that a solicitor has to draft it, and there is no way I can do this myself? In fact can I go for a clean break at all? as there are children involved even though I don't expect any financial help from him.
Thank you for your advice.
yes, the statement of information is the summary of finances that the judge looks at to quickly check whether s/he will sign off on your proposed consent order. You can definitely fill out the statement of information yourself.
In my opinion it would be madness if you didn't get a solicitor to draft the actual order, and to give you a quick once-over of advice to see whether your proposed order is realistic and whether you've thought of everything.
You can go for a clean break where there are children - no law against it - but the usual advice is not to do that, but to keep 'nominal' maintenance payments available until the youngest child is 18 or 21 or whatever you choose. Otherwise, there's no possibility of financial help in sickness, redundancy, whatever may come your way, and if you are the primary carer that could be disastrous. This is totally different from child support, as you probably know, which is payable regardless of the consent order.
I think you need to be very very careful. I am in a similar position and may end up paying out a fortune to ex-h.
He too paid for v little in the marriage, spent it all on himself and going out. I lived v frugally, paid off the mortgage (house in joint names), paid 100% of the childcare, saved etc. We earned around the same when we were married.
NOw when we have split, I have stayed in the house and he wants me to raise a mortgage for half the house and pay him for it. I have spoken to lawyers and it does not matter who contributed what when we were married - the mere facts mean the assets get split 50 50 which means he is actually entitled to that despite the fact that I paid for it when he could have done. I am basically being penalised for being the more financially sensible one and he gets rewarded for pissing his salary up against the wall.
Oh dear Rotten it seems so unfair. Does the fact that you have children not split the difference in your favour. How about pensions? I guess if you have spoken to a lawyer they would have already told you that.
In my case STBX spent all his salary on himself after we split, going on holiday every six weeks etc. Now he is jobless ( after being sacked) he has no income, and on the statement of information it looks like he is hard done by, but I'm only just surviving on my income supporting two teenagers and my house is tied up with my job so if I had to sell it to pay him off, my income would be gone too. What makes me even sicker it was his shenanigans that caused the split!
I hope you get sorted Rotten.
Thank you Iheart for your answer, I am pondering about a clean break now.
I am really unsure about the timings of things now: I fill in the statement of information but I intend to go for a transfer of equity on the house, (STBX, has agreed this as the only settlement) is this called the financial settlement? And at what stage do I start instructing a conveyancing solicitor?
I hope this isn't mixed up. I get very confused with all this!
Thank you to anyone who can answer.
I am assuming that by 'statement of information' you mean the short form called a D81, rather than the long Form E?
If you have totally agreed what order you want, and you are confident that you know each other's financial position, then you can just do the D81 and send it to the court with a draft of the order you want, signed by both of you, asking the judge to approve it. As I say, I would always recommend getting that order drafted by a solicitor.
Otherwise you both have to do the long Form E with all the attachments, to give each other full disclosure of your respective financial positions.
The order, once approved by the judge, would be what's usually meant by 'financial settlement'.
I'm not sure I understand where a conveyancing solicitor would come into it. You mention a transfer of equity, but it isn't clear who would be transferring what to whom. In any event, you wouldn't normally start transferring anything until the order was approved by the judge. The same solicitor who drafts it would almost certainly be able to handle a transfer of equity.
Thank you for your reply Iheart.
The house is in joint names, no mortgage STBX has agreed to transfer it into my name.
So in summary:
We fill in D81
Fill in a notice of an application for a financial order - Form A
Get a solicitor to draft a consent order.
send all of above to court with £45 court fees.
judge to approve consent order ( hopefully)
transfer of equity is organised ( or what ever the court order says)
apply for Decree Absolute.
This is how I understand it so far, thank you for your patience.
I'm not always this thick!
That's pretty much it.
You should both send a Form A into the court because the claims or potential claims of both of you will be dealt with - you get the equity, exH's potential claims will be dismissed (presumably). He should write "For dismissal only' across the top of his Form A and he doesn't need to fill in any boxes.
The order becomes effective on Decree Absolute, so you can't make him do the transfer before then (although there's nothing to stop you both getting on with it).
Check with the court whether you need a form A. You shouldn't for a consent order, but maybe some courts are quirky like that.
Thank you Collaborate, I'll check.
I'm ringing round solicitors asking for the price for the perpetration of the consent order (they vary a great deal!) but they are also varying in method too. One, I quite like says that they prepare the consent order and I would send it in to court together with the application for absolute, the others recommend I send in the consent order and get that sorted out first which would then become binding on the Decree Absolute being pronounced. Treating the two as different stages iyswim.
So good people on here... Have I misunderstood or one procedure better than the other.
Crack on & get the house transferred to you. I did this before my divorce. It shows intent if a judge does call you in over any perceived unfairness.
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