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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.

Financial split - how did yours go

13 replies

Disconana76 · 03/09/2024 14:39

Posting for advice for a dear friend so bear with me with details

Trying to gather information for a friend and I feel like I'm no help as I don't have any idea about this process.
How did your financial split go?
Her circumstances is - house owned outright. 4 children. 2 at uni, 1 at secondary school and 1 in primary. She has her 2 youngest full time with zero overnights with her exH.
Only assets in home which is due to be sold and split. No pensions either side. ExH is self employed and has money hidden. He won't show proper financial documents to court.
Friend has showed everything which has been asked.
Solicitor not very supportive or helpful but she thinks too late to change.

She's very worried about outcome. Sorry sparse on information and I have probably missed loads but just trying to be a help in some way to her.

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Howdull · 03/09/2024 14:42

Mine lied and we went all the way to court for a financial hearing. My thinking was, my ex wouldn't be fair, a judge would.

Almost down to the last £1, we got 50/50. The split my ex had proposed was 80/20 in his favour (this is the assets he declared, there was other stuff he didn't declare which I couldn't prove)

I had 3 dependant children still living with me at home.

Disconana76 · 03/09/2024 15:22

@Howdull Why did he ask for such a financial split in his favour? Very disappointing judge did not see through him.

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LemonTT · 03/09/2024 15:46

A lot depends on their relative incomes and why he isn’t co parenting. She should try to get a big capital share because child support will be dependent on what he declares being self employed.

She can try to establish evidence of hidden assets. This can be expensive if you involve a forensic accountant. Even then it might be fruitless.

Disconana76 · 03/09/2024 16:42

@LemonTT Lots of hidden assets on his part. Though evidence has been provided that his 'low earnings' don't match his lifestyle. Her income quite low due to working part time to suit childs school hours but will increase them next year.
Solicitor said a forensic accountant could work but as he is self employed it's very hard to prove.
He refuses to supply his proper financial details despite being court ordered to do so.

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millymollymoomoo · 03/09/2024 16:56

A lot will deepens in the assets and especially house equity - and if enough to provide for needs - being a 3 bed house for her and 2 youngest children. She’d also be assessed on her income potential not her part time earnings now

Disconana76 · 03/09/2024 22:56

@millymollymoomoo she will be increasing hours as soon as she can. Unfortunately that won't be for another year by the looks of it. Think her concern is what way her final court date will go in 2 weeks. She already has FDA and FDR hearing. She is worried about housing herself and children.

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millymollymoomoo · 03/09/2024 23:01

The fda and fdr should have given a strong indication of an outcome. What did they say? What is she expecting vs what is current offer? Is there a large disconnect?

as said the outcome will be based on her income potential ( not her current pt income ) inc any uc and cms she will get, what assets there are declared ( or evidence with facts of undeclared ones) as well
as general principles of length of marriage, ages etc

Disconana76 · 03/09/2024 23:27

FDA exH was ordered to show proper financial documents within 4 weeks. That was March time. Didn't provide them. FDH he was ordered to show replying affidavit within 3 weeks I think it was. Hasn't done it either. So she is in limbo at the moment. She would like 60%. @millymollymoomoo

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Disconana76 · 03/09/2024 23:31

@millymollymoomoo

Her CMS is something crazy like 15 pounds for both children. Unsure of her UC amount.

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Notamum12345577 · 03/09/2024 23:33

Disconana76 · 03/09/2024 15:22

@Howdull Why did he ask for such a financial split in his favour? Very disappointing judge did not see through him.

But the judge did see through him? They got 50/50 which is standard

Disconana76 · 03/09/2024 23:46

@Notamum12345577 presumed it would go slightly in favour of the full time parent.

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millymollymoomoo · 03/09/2024 23:56

It’s likely that a judge will take a dim view of ex if he’s not responding to the orders or providing sworn Affidavit. But whether they award in her favour is questionable and unknown.

% are also meaningless without the context of overall assets available to split, what the size of the pot is, and the needs and incomes of both parties.

60% of 100k is not as good as 45% of 500k etc

Disconana76 · 04/09/2024 16:34

Thanks everyone have passed all information on.

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