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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.

ExH remarried before finances sorted, now saying he needs to reduce settlement

5 replies

Hooferdoofer37 · 22/08/2019 13:42

Posting for a friend.
Situation is ExH is a cheating sh*t.

Wife found out, kicked him out, he went to live with OW.

Divorce went through, but ExH was stalling on the financial settlement. At Enforcement Court hearing, ExH claims to have considerably less money so wants to reduce settlement.

It also comes out that ExH has remarried, but not to the OW, he has married the woman he was cheating on the OW with (are you still following?!?).

Reduction in finances is caused by having to support his original family with Wife 1 (my friend), 2nd family with OW (who now lives with her new partner in a property owned by the ExH) & ExH has now set up home overseas with 2nd wife.

Turns out 2nd wife is actually very wealthy and the ExH is essentially living off her & using his savings & dividends from investments to pay maintenance to wife 1 & OW.

However, this means his savings have reduced and he can no longer afford to pay off a chunk of wife 1s mortgage as originally agreed. She cannot afford to live there unless he does so & will be forced to move, change the kids schools etc.

So (finally) my questions are:

  1. Can he make a change to the original court order this late in the day? He was given time to sell some property to raise the money to pay his ex-wife, but has since spent it without paying her.
  1. Can his new wife's assets be taken into consideration? What needs to be paid to the ex-wife (my friend) is a drop in the ocean for wife 2 (she's private jet kind of loaded) but he's claiming poverty.

My friend's solicitor has been on holiday & it's been a nightmare trying to get info on this, they thought the Enforcement hearing would finalise everything and it's just opened a new can of worms.

Apologies for the long post & any help would be appreciated.

OP posts:
NotBeingRobbed · 28/08/2019 10:43

Do they have a consent order? The penalty for breaching one can be jail. You do need a solicitor. Typical for them to take August “off”!!

Hooferdoofer37 · 30/08/2019 08:33

@NotBeingRobbed thanks for coming back to me; I'm going to be daft and ask what the consent order is for?

I'm not good with all the legal jargon, I just know that they are officially divorced and the financial settlement was agreed but the exh was given time before payment so he could sell some property to get the cash together.

When the time came to pay, he didn't, so she took him to court & he said "I don't have the money, I have these additional outgoings that I hadn't mentioned before and btw I've married again (& not to the OW)!"

She was so thrown about the new marriage, I think the rest of it was a blur so she didnt really take in what was said aside from they've got to go back to court again in a couple of weeks.

OP posts:
NotBeingRobbed · 30/08/2019 08:42

The consent order is the financial arrangement signed off by a court with severe penalties for not obeying. It’s a legal “clean break”.

Hooferdoofer37 · 30/08/2019 08:48

Pretty sure that's what she had, which is why it was a case of straight back to court when he didn't pay up.
I'm seeing her tomorrow, so will find out if her solicitor has come back to her at all and check she has the consent order.
Thanks again for the help.

OP posts:
NotBeingRobbed · 30/08/2019 09:02

The consent order is normally based on the state of finances at the time of divorce and sharing them out. He can’t just say he’s spend the money and doesn’t have it! He still owes it to her.

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