Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Stbxh trying to fool the court?

14 replies

getinyourlane1 · 21/04/2019 12:20

One night last year, I decided that years of stbxh returning at all hours in the morning after his weed taking gatherings with so called friends even on days off from work was enough. The broken sleep was beginning to take its toll on me so I slept downstairs. The next morning he came downstairs, waited until I awoke and greeted me by calling me a prostitute and accused me of having affairs with our OWN children! He also said that he was going to tell my work place that I had sex with children.
After police became involved he was asked to leave, picked up all his belongings a few days after and has not be seen since. I have reports from relevant agencies as proof of what was said. Ironically he has filed for divorce blaming me for lewd and obscene behaviour amongst other lies. Only learned of his new address when it was stated on his divorce petition.
I agreed to the divorce but not that it was my behaviour which caused it.
He applied for the decree Nisi on 3rd April this year, apparently it’s now with the judge.
Now... his solicitor dictated a date for the voluntary exchange of form e. I emailed last week to confirm the date of exchange only to be told that, ‘He’s not ready and she’ll let me know when they are’.
No time scale given despite me demanding that I wanted to exchange 1 week after their dictated date.
He only started paying half the mortgage last year June when he left. The money he put in throughout the years for the family and household dwindled as he became more resentful and angry with family life.He ended up putting only £300 per MONTH for the past few years before leaving
Now...
1. Is it possible that they are delaying the form e so that he can show a year’s worth of paying half the mortgage in the hope of fooling the court into thinking that he paid half all along?
2. Will it be detrimental to me if I asked the court to order the disclosure of the form e? I’ll have to pay £255? Will it be a waste? Do I wait for them to be ready with the forms?What happens after that?
3. My pension provider says that it will take 12 weeks to collate my pension info.
So can I send in my form e with a note saying pension info to follow?
I feel that I need to hurry in order to prove that he only gave £300 out of his monthly salary and did not pay the mortgage until last year.
Mr Bastard must know that he’s morally and financially in the wrong but is still trying his luck for 50:50 share.

OP posts:
NotSuchASmugMarriedNow1 · 22/04/2019 08:57
  1. Yes he's delaying so that he can show a years worth of mortgage contributions
  2. It's not worth applying to the court to force financial disclose now because your own application wouldn't be processed till June anyway. It's only 6 weeks till June and courts run slowly.
  1. You'll need a CETV for your pension when you submit your form e really
ToLeaveOrToRemain · 22/04/2019 09:08

Assets will be considered joint regardless of who paid for what. However, that does not mean the courts will award a 50:50 split. Many factors will be taken into account.

getinyourlane1 · 22/04/2019 11:32

I simply cannot get over that someone could behave in such a manner and then go running to the courts for a divorce based on lies and the audacity to demand half the equity.Although I must admit don’t know what the judge will say yet about my answer to the petition.
I’m still paying the full mortgage because I got excited when he started paying half soon after he left.
I then started paying half only to find that he had stopped paying. The mortgage company chased me for his 3 months of missing payments because they said that they couldn’t contact him.
I paid for his missing halves and have continued to pay the full amount just in case. The mortgage statements are showing that he’s still paying half. Obviously in the hope of claiming.
From what date does the year’s worth of statements begin?
His lawyer must have seen his lack of contributions on his statements and thought shit!!
Petition was sent in February, his lawyer suggested voluntary forms ASAP, I suggested end of March, so collated statements from Jan / Feb 2018. His lawyer then dictated beginning of this April to mutually exchange. Now l’m being told they’ll let me know when they are ready.
Someone’s playing games! Were they expecting me to send in my forms first?

ToLeaveOrToRemain
I’m eager to know what kind of factors will be looked at. His verbally lewd conduct directed towards me in which he included his children?
His emotional, verbal and financial abuse?
Please tell me that the court, should it get to that stage will listen to me! For financial needs do the courts really allow someone to mistreat their family, pay half the mortgage for a only a year and still come away with something?
Is there anything that I can do in the meantime to prove that he’s cheating financially by the delays?

OP posts:
NotSuchASmugMarriedNow1 · 22/04/2019 12:04

i'm afraid the courts won't care much about either parties bad behaviour. The disadvantage you have is that it was your husband who petitioned for divorce and as the petitioner, he controls the timetable.

What result were you hoping for, financially? And what about the children, have you agreed on them or is that going to court also?

getinyourlane1 · 22/04/2019 12:06

Stbxh trying to fool the court?4
Yesterday 12:20 getinyourlane1
Posting again - don’t know what I clicked on to make message disappear!

One night last year, I decided that years of stbxh returning at all hours in the morning after his weed taking gatherings with so called friends even on days off from work was enough. The broken sleep was beginning to take its toll on me so I slept downstairs. The next morning he came downstairs, waited until I awoke and greeted me by calling me a prostitute and accused me of having affairs with our OWN children! He also said that he was going to tell my work place that I had sex with children.
After police became involved he was asked to leave, picked up all his belongings a few days after and has not be seen since. I have reports from relevant agencies as proof of what was said. Ironically he has filed for divorce blaming me for lewd and obscene behaviour amongst other lies. Only learned of his new address when it was stated on his divorce petition.
I agreed to the divorce but not that it was my behaviour which caused it.
He applied for the decree Nisi on 3rd April this year, apparently it’s now with the judge.
Now... his solicitor dictated a date for the voluntary exchange of form e. I emailed last week to confirm the date of exchange only to be told that, ‘He’s not ready and she’ll let me know when they are’.
No time scale given despite me demanding that I wanted to exchange 1 week after their dictated date.
He only started paying half the mortgage last year June when he left. The money he put in throughout the years for the family and household dwindled as he became more resentful and angry with family life.He ended up putting only £300 per MONTH for the past few years before leaving
Now...

  1. Is it possible that they are delaying the form e so that he can show a year’s worth of paying half the mortgage in the hope of fooling the court into thinking that he paid half all along?
  2. Will it be detrimental to me if I asked the court to order the disclosure of the form e? I’ll have to pay £255? Will it be a waste? Do I wait for them to be ready with the forms?What happens after that?
  3. My pension provider says that it will take 12 weeks to collate my pension info.
So can I send in my form e with a note saying pension info to follow? I feel that I need to hurry in order to prove that he only gave £300 out of his monthly salary and did not pay the mortgage until last year. Mr Bastard must know that he’s morally and financially in the wrong but is still trying his luck for 50:50 share.
OP posts:
getinyourlane1 · 22/04/2019 12:50

Funny enough there is nothing to formally agree or disagree with him yet! From what I gather via the lawyer’s letter, it indicates that he want to keep things out of court by settling amicably for 50:50.
3 adult children all at home.

OP posts:
notapizzaeater · 22/04/2019 12:52

What's your solicitor advised ? Unfortunately the adult children won't count here. Have you any minors ?

getinyourlane1 · 22/04/2019 16:07

Give solicitor the basics, said I could self represent until she’s needed.
No minors.

OP posts:
getinyourlane1 · 22/04/2019 16:09

Gave

OP posts:
ToLeaveOrToRemain · 22/04/2019 16:11

That your children are now adult age it sounds like you have been married a long time? Length of marriage is one factor that will be taken into account. Earnings potential will be considered too. If there is a large difference in earnings the partner with the lower earnings potential may receive a larger share of assets.

Courts will take into account the needs of both partners and divide assets accordingly. If there is not enough to go round then both will have to share the hardships. Unlikely a court would force one partner into hardship so the other could continue with life as though there had been no divorce.

Everytimeref · 22/04/2019 16:15

I wouldnt worry about trying to prove he didn't pay towards the mortgage as it won't make any difference to the settlement. The settlement will be based on "need". It will be assumed you both have similar needs when it comes to property as your children are adults.
Does he work? How much do you earn in comparison?
Does he have a pension? Do you have a pension?

getinyourlane1 · 22/04/2019 16:35

And this is what I don’t understand. Whilst I have gone into heavy debt with loans in the past to pay for things and keep the roof over our heads when he decided he was too ill to work for months on end, it still won’t make any difference to the settlement?
His needs were that his money was his, and mine was for everything and everyone else in the household.
One adult child works, one at uni and the other about to begin.
We both have similar salaries, both have pensions.

OP posts:
ScreamScreamIceCream · 28/04/2019 15:56

OP the courts view marriage as an equal partnership so they don't care what happened in the past.

If you had an issue with his behaviour in your marriage you should have split when your child was under 18, preferably primary school age, and you primary carer so then you would have likely been awarded more than 50% due to your child's needs.

Unfortunately unless he is convicted in a criminal court of trying to harm you or you have proof that he is say a gambling addict so he derived you of assets, then it's unlikely to be split any other way. This is why the advice is if your spouse is a shit don't put up with it and divorce them asap.

SlightlyMisplacedSingleDad · 28/04/2019 17:44

I'm afraid that who paid for what during the marriage is irrelevant. The settlement will be based on future needs. Since you have no children under 18, and broadly similar earnings potential, your split is likely to be pretty even. That's just the way it is.

New posts on this thread. Refresh page