Couple of questions

[BlastedPimples]

Form E. My stbexh has not been accurate on his form E. I would say he's lied about the value of some property. My solicitor will chase this. But are there any rules about wrong info on Form E?

He's also left out a bank account.

Also he's trying to pin 50% responsibility of his credit card debt onto me. Saying I am liable. My name is not on the account and I only knew of one credit card in our joint names.

Can he do this?

If the cc debt was created during the marriage then it will be included in the pot.

@BlastedPimples The law says if he lies on the Form E it could mean any financial settlement is voidable.

What would actually happen is a more grey area. He would need to be found out. You would need good evidence that he had lied. He could in theory be found to be lying quite quickly and turn the judge against him or he could be found to be lying and the case re-opened. If he was found to be lying much later on, there would be a second question as to whether the costs of new legal action was worth it relative to the benefit to you (also factoring in the legal risk that you might lose).

Lying about the value of property could be difficult to prove, especially in the current volatility. You would have to be able to prove it. Leaving out a bank account will only be relevant if there is more than £500 in it.

On the credit card, it will depend what the money has been spent on. If it's his secret credit card for lapdances or gambling then no I don't think you would be 50% liable. If on the other hand it was for things like home improvements, groceries or other joint living expenses then yes it might be shared, dependent on the overall split of assets.

He's also lied about his new girlfriend that he's now living with. He says they only got together this Feb.

He says he's renting a room from her for quite a silly sum.

I have evidence from last Oct stating he plans to marry her. His words.

Does this matter? I'm only concerned about the silly amount he's put down for renting a room from her. Couldn't give a stuff about their relationship.

Do the amounts left out have any materiality ?
ie will they potentially materially impact any settlement outcome ?

if he’s omitted or lied about 10s or hundreds of thousands then as you say your solo will investigate and question those.

his cc debt could form part of overall marital debt potentially

It's tricky. I get very uncomfortable when cohabitation gets added to the complexity of divorce because the settlements can become egregiously unfair (in my opinion). It depends first on whether this is an asset split question or a maintenance one.

If it's a maintenance question, I think cases that justify more than CMS calculated child maintenance should be exceptionally rare (they are rare, but I think they should be even rarer). There is seldom a funtioning adult unable to provide for themselves unless they are in their early 60s and on the verge of retirement (I don't even think ex-spouses should be on the hook to fund ex-spouses who are ill or disabled either, the state should pay proper benefits). But that's my opinion and the law might say his housing costs are lower so he can afford to pay maintenance. My advice to him if I was his solicitor though would be to "split up" with his new partner until the divorce was settled in order to ensure he got a settlement that left him with enough to provide for himself living alone.

If this is an asset split question, it's a similar problem. At this snapshot in time he might be considered housed but he's not married to this new partner so he could be out of her house at a moments notice. So I'm generally uncomfortable about asset splits that favour one party because the other party is living in a new partners house. Both parties should - in my opinion - be given enough to live on their own. And again, my advice to him would be to "split up."

In the strictest legal sense you could push him on this entry on his Form E. But he would have an easy rebuttal and might even find an evem more expense place to rent until the divorce is settled. If this Form E is for a split of assets then maybe pursue it but if you're after maintenance then I would highly recommend channeling your efforts towards finding a better job instead.

I am looking for work. Have been for a while.

But I don't like dishonesty. There is no way a room in a house costs £1500 pcm. That lie is taking the piss.

Yes but that’s probably a fair assessment of market value rental …. Which is fair

In relation to your concerns about what he has put on the form, let the solicitor go back with relevant questions or challenges about the information provided and why you don’t think it is correct. Just wait for his answer. At the end of the day you can get the property valued independently. Remember property valuations fluctuate according to who is doing the valuation. An estate agent will over value and a surveyor might under value. Neither valuations are lies.

His current housing costs and arrangements can also be challenged. If you have evidence that it costs much less to rent a room or a home you will get an opportunity to provide that. His relationship status could be relevant in terms of how is needs are defined when you split assets.

He can't just say he's paying £1500 pcm - he has to evidence it. Same as he has to provide a years worth of statements for the bank account he tried to hide.

Oh yes. He's provided a tenancy agreement. One from his girlfriend. Very easily done.

He's also burned through over £500k from our house sale in 2020.

We will be investigating where that money has gone too.

Every time I tried to discuss money and finances with him, he would get very hostile and start shouting. Flinging bills and bank statements at me, telling me I do all the finances. When I tried to take them over and do them, he simply wouldn't help me at all to figure things out.

Yes but has he provided proof that the money came out of his account and went into hers?

Q. Are there any rules about wrong info on Form E?
Full and frank financial disclosure is a legal requirement, and usually provided when Form E is exchanged.

Not getting full and frank disclosure?
It is vital to get all the assets “on the table” so that informed financial decision can be made and a fair/just settlement negotiated.

Q. He's also left out a bank account
If after Form E there is missing information / documentary evidence ‘Questionnaires’ may be exchanged to retrieve it – a list of questions and a list of any missing documentary evidence required which is served on each party.

If still missing after that, ‘Deficiencies’ are exchanged – questions can be asked to clarify and al list of required documentary evidence still missing.

A solicitor’s letter can be sent to retrieve financial information / documentary evidence.

A Court Order can also be applied for to gain financial information / documentary evidence / valuations that are missing / essential.

What are the assets worth?
To find out what some assets are worth an independent expert can be used. Property can be valued by an expert - estate agents, pensions by CETV and / or a pension on divorce expert (PODE) report and so on.

Property can be valued by estate agents. One way of doing this is one party proposes three estate agents and the other chooses which one would do the valuation. The estate agent is then instructed. Or get three valuations and take the average. CETV (cash equivalent transfer values are easily requested from the pension providers, use Form P1).

It is important to decide what needs a valuation by an independent expert and factor in the costs of these. Pensions can be very valuable – equivalent or more than the value of the former martial home in some cases. Divorcing parties might hold different types of pensions (not like-for-like, so difficult to compare without an expert).

Circumstances might be complex for example an age difference or pensions in payment. One party may have stayed at home to look after children. An actuary can do an in-depth report on pension sharing - what capital and income would be if split 50/50 or a percentage of choice. They can be instructed to factor in retirement ages of the parties. Joint instructions are given to the actuary and they walk parties through the process.

Who gets what?
When deciding how to distribute a couple’s assets and income the court must apply a checklist of factors set by statute. The relevant statute is section 25 of the Matrimonial Causes Act 1973. These factors will need to be applied in every case, regardless of whether you are engaged in court proceedings or negotiating your own settlement. These are often called the Section 25 factors, which the court will consider when deciding how to distribute assets upon divorce or dissolution.

Section 25 Factors
www.legislation.gov.uk/ukpga/1973/18/section/25
images.ctfassets.net/o8luwa28k6k2/2cpp2mEMwBJWJLuzTiTruB/b5397e7459154fad8927826a2c99acdd/section-25-expert-guide.pdf

The income, earning capacity, property, and other financial resource which each of the parties to the marriage has or is likely to have in the foreseeable future is considered.

First consideration is given to the welfare (while a minor) of any child of the family who has not yet attained the age of eighteen.

The needs of each divorcing party are considered and as I understand it 50 / 50 is the starting point – so unequal shares based on circumstances and needs is possible, for example 60 / 40.

Advice and info
These offer a free advice session about pensions on divorce and separation www.moneyhelper.org.uk/en/family-and-care/divorce-and-separation/divorce-or-dissolution-how-we-can-help-with-your-pension
Free advice line (busy so keep trying) rightsofwomen.org.uk
Guides on divorce and financial settlement
www.advicenow.org.uk/divorce-and-separation
www.advicenow.org.uk/guides/how-apply-financial-order-without-help-lawyer

Pensions on divorce
www.sharingpensions.co.uk/penaudit3.htm
www.mediateuk.co.uk/the-ultimate-guide-to-pensions-on-divorce/
www.nuffieldfoundation.org/news/new-good-practice-guide-addresses-shortfall-in-understanding-of-how-to-treat-pensions-on-divorce
Valuation of pensions – pensions on divorce expert report (actuary)
www.collinspensionactuaries.co.uk no relation – useful website
www.collinspensionactuaries.co.uk/pension-data-collection/ templates for information required

Mediation
Mediation can be used to reach agreements.

Some cases are not suitable for mediation e.g., domestic abuse/bullying/coercive control.

www.gov.uk/money-property-when-relationship-ends/mediation
resolution.org.uk/looking-for-help/splitting-up/your-process-options-for-divorce-and-dissolution/family-mediation/

The First Meeting with a Mediator – The MIAM
www.familymediationcouncil.org.uk/family-mediation/assessment-meeting-miam/
“The mediator will tell you whether your case is suitable for mediation, and you can decide whether you want to proceed with mediation or explore another option for resolving issues. The mediator can also give you information about other services which provide help and support.”

Legal advice
This link gives you an indication of hourly rate for solicitors
www.gov.uk/guidance/solicitors-guideline-hourly-rates
Some organisations offer free advice from solicitors and barristers rightsofwomen.org.uk/get-advice/ On their FAQs page…”Our Legal Officers and Volunteer legal advisors are all solicitors and barristers”.
Some family solicitors offer an in initial free consultation and some a fixed fee rather than hourly.
Some barristers can be directly instructed e.g., via Clerksroom Direct
Mumsnet suggest www.advicenow.org.uk/tags/separation-divorce-and-dissolution-civil-partnerships

Domestic Abuse – if applicable
www.gov.uk/guidance/domestic-abuse-how-to-get-help
In danger?
Call 999. Teach children how to do this.
How to call the police when you can’t speak
www.policeconduct.gov.uk/sites/default/files/Documents/research-learning/Silent_solution_guide.pdf
Leaving the relationship safely
www.womensaid.org.uk/information-support/the-survivors-handbook/i-want-to-leave-my-relationship-safely/

Legal Aid
www.gov.uk/legal-aid/domestic-abuse-or-violence
Look after the old(er) woman you will become, financially :)

Depends where it is and whether bills and council tax are included. A room and bills where I live would easily be £1.2k and I live an hour away from London.

He could certainly - in the right part of the country - need that as the bare minimum to rent a flat and pay council tax on it which is what he's going to do if you push him.

@BetterFuture1985 there is no evidence on the bank statements of this being paid from his into her bank account.

The fact is, he could be paying zero now, he could be sofa surfing, could be staying at mates or with girlfriend or whatever. But he still needs, and is entitled to a fair state of assets that allows him to pay suitable accommodation at market rate

the issues on asset values and erosion of assets is separate matter which your solicitor will deal with

@millymollymoomoo but of course he needs that. Nobody is saying he doesn't. You're missing the point though - it doesn't look like he's being honest about what he's paying now. On Form E there's a section for future payments for him to complete if he's going to pay for accommodation.

and the advice has been to follow this up in questionnaires and deficiencies - and failing that solicitor's letter and failing that court order. There is a process if full and frank disclosure is not given. Follow the process.

I’m not missing the point

ive said your solicitor will get the opportunity to pick apart his answers, raise questions, ask for evidence etc

you are focussed on the fact that he is currently living with his girlfriend hence you think you should be entitled to more because of that

No. I didn't say I should be entitled to more. Where did I say that?

I said I disliked dishonesty.