Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

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.

Can't afford legal help, tricky ex- what to expect?

6 replies

Crispytowels · 20/10/2023 22:17

Condensed version, have not given all details but hopefully someone can give some advice please.

DP has filed for divorce after many years apart. Ex became higher earner and has stayed in the FMH with the adult/teen kids, paying the mortgage and has another partner. There is also a second property which is tenanted.
After DP left, he was privately renting for years until we met, we are now living together in my social housing home. He can't be added to my tenancy so if we split or I die first, he would become homeless.

Ex is so volatile that contact is email only, and has refused to continue mediation beyond the one free session so he's applied to court to sort financials. Their form E is a work of fiction, required statements are absent, and at the directions hearing, the court ordered further disclosures based on questions submitted by both sides. They have definitely been hiding assets and so far they haven't complied despite court ordered deadlines.

Without full disclosure, nothing can be agreed or negotiated. He doesn't know what is reasonable to ask for. At this point it may take a contempt of court hearing to get all the information that should have been given, would the court apply for that or does he have to?

OP posts:
millymollymoomoo · 21/10/2023 07:59

Ex husband or partner ?
you refer as ex dp but also fmh

Luckydog7 · 21/10/2023 08:04

Yes that was confusing. I'm assuming its your current dp who is now trying to divorce his ex?

Beware the little known fact that if your dp is living with you he will be seen as adequately housed (even is his name is on none of the paperwork) and this may effect the settlement as he may be seen to need less of the shares assets.

Gloriously · 21/10/2023 08:16

Does he see his children?

LemonTT · 21/10/2023 09:02

It’s a tactic that some divorcees deploy and unfortunately without a forensic accountant it’s usually effective. A forensic accountant is hugely expensive and may not be affordable or a good use of money.

ATM your partner has zero assets at their disposal. Whilst getting what they are entitled to is fair it might not be achievable. But everything they do get is a bonus.

In terms of declaration there are tangible assets. These are houses and it’s easy to get valuations for these. If one is tenanted then you can find out what market rent is and assume that as income. There are lots of things you can take a common sense approach to when challenging the declaration. The challenges can be presented to the judge who will decide what to do about it.

The adequately housed is relevant if there is a shortfall in assets to meet the parties’ needs.

The adult children are irrelevant to needs. If this ticks on then so will be the teen children. There is some advantage to deferring the split until all the children are adults.

Your DP should focus on what he can definitely get and unless a solicitor can justify a forensic accountant just challenge the lies and omissions. They will be better off and have peace of mind.

Crispytowels · 21/10/2023 11:46

@millymollymoomoo Sorry for the confusion, yes my DP is divorcing from a long marriage.

@Luckydog7 Their barrister suggested that at the hearing but once DP truthfully stated that there was a possibility that at least one of the DCs will want to live with him once it's settled, it was ordered that the properties be valued with a view to future needs. I have room for overnights but not permanent accommodation.

@Gloriously He has always been heavily involved with the DCs, did all the after school care until they were in secondary school and funded/facilitated all extra curricular activities/sports etc hence his reduction in career progression/income. He is currently putting middle DC through college abroad which is wiping out the savings he was trying to pull together to get back on the property ladder.
@LemonTT The omissions and lies are gradually getting unpicked. We looked into a forensic accountant but it's simply unaffordable. DP had intended to wait until the youngest was an adult because he knew it would cause a war but specific issues have forced him to bring it forward.

OP posts:
Crispytowels · 24/10/2023 20:33

Does anyone know if it's worth contacting the court for advice before the next hearing date? DP can't complete all of the paperwork that's been ordered because he still hasn't received the remaining documents from his ex.

OP posts:
New posts on this thread. Refresh page