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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?

2 replies

getinyourlane1 · 22/04/2019 12:09

Stbxh trying to fool the court?4
Yesterday 12:20 getinyourlane1

Sorry, posted yesterday, clicked on something and it disappeared!

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:
madcatladyforever · 22/04/2019 12:19

If the house is in joint names he can take half regardless of who paid what.
If you owned the house before you met him and then put him on the mortgage he will not be able to get half of the equity you had before he came along.
If you own the house in your name only he is unlikely to get much or anything.
It isn't fair but unfortunately that's how it works and the court doesn't care who did what.
If you will be caring for the kids for most of the time you may be able to get a bigger share but I can't guarantee that.
The court is well used to stupid reasons for divorce and quite honestly unless the children are in danger tend to ignore it.
My ex made up all kinds of nonsense and it didn't make a jot of difference.
What you should be doing is trying to come to some kind of an agreement amongst yourself if at all humanly possible or going for divorce counselling rather than haggling over everything using solicitors and courts, that's the way to get nothing at all once you have paid all the fees.
Again it is horribly unfair but that's how it works unless you can prove that he was abusive, coercive, controlling or violent in which case he may get very little.

Otter71 · 22/04/2019 16:15

Whether putting pension info to follow will cause problems depends on him. If he wants a share of it it may well do. I have an NHS pension and am now at the 12 week point. Still nothing. Luckily STBXH earns enough that he doesn't consider it relevant but it sounds like yours may not...

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