Divorce financial - money and assets given to friends

[Anothermother70]

I have exchanged form E with my husband and can see he has given thousands of pounds to a friend and bought expensive artwork during separation. I have FDA next week and will ask for documentary evidence. Suspect he will make up false loan repayment. Can the third party be called as a witness. Should I ask for the third party money and artwork given to be joined in proceedings. What should I ask the judge next week when we go for them to approve or strike out and questions. Should there be another interim hearing before the FDR or will this just be raised then?

If the money was given to the friend within the 3 years before you started your claim for a financial settlement or at any time after you started your claim the court will assume that this was an attempt to reduce the settlement. It is up to him to prove that it was not. You don't have to prove anything. Simply ask the court to set aside the transactions.

Any expensive artwork he has bought should be declared as his assets. If he has paid more for the artwork than its actual worth my comments in my last paragraph apply - you can ask the courts to set aside the transactions.

Asking the court to set aside transactions if far from straightforward and brings massive costs risks, since the third parties need be come in and be represented, since they may feel the monies are legitimately theirs!

If however the amounts are such that you can get your fair share without access to those missing funds, you can ask the court to calculate your share on the basis that the missing funds will be available to your husband.

Over £25k given to a friend. Who may lie for him on oath making up a fictitious loan agreement. Transferred a week after I uncovered his affair but before we separated I can't afford to ignore it. All transactions 3 of them just under the £500 mark assume deliberately but without receipts how can I know if this was just part payment and the rest paid in cash? If a loan repayment is stated what evidence to I need for the court to decide its a soft loan and add money back into pot?

Who may lie for him on oath making up a fictitious loan agreement

If it is a loan that's fine. The loan is one of your husband's assets. He may not have immediate access to the money he has loaned but it is still his.

Not if he says he was repaying a loan! He has increased pension contributions by £500 a month and taken out a rental car "needed for work" at a cost of over £500 a month and sold his existing car and spent the money on holidays

I think the op was implying it was debt servicing which if they can prove is legitamate it could be a problem but it needs proper paperwork not simply his word.

Aka stbxh asked a mate for 10k and drew up a legal document at the time of loan agreeing repayments that might be legitamate debt but if it was all verbally no documents it would be set aside or take into account in making the judgements

At FDA judge just said he had to answer the question? Does that mean just give me a written explanation as to where the money went or documentary evidence of it?? With regards the artwork a d other items he just said they are all value below £500! Can he just say that? Confused - already been told he doesnt have to answer how his holidays were paid for - thats a lifestyle choice apparently!

I have sympathy for you going through similar have first joint mediation on Monday ex girlfriend is a criminal lawyer who's firm are representing him ! I guess you have answered my ?? On his expensive holidays the last year, wish I could afford lifestyle choice like that, good luck...

Julcol would be interested in how you got on. I'm still waiting for answers to my questionnaire more than a week overdue now,