Financial disclosure

[justlivingandloving]

My Partner and I have been together five years, his ex left him and also left him with their two children 6 years ago they were 8 and 6. She is an alcoholic and since leaving has not contributed any child support financially. She has been very in and out but over the last year has done a lot better. She asked him for a divorce a couple of years ago but he felt that she wasn't mentally stable and did not want to file and end up pushing her mentally so ignored her request. Now she is doing better he filed for divorce after five years, thinking she would sign and send papers back. Instead she is asking for financial disclosure and saying she is entitled to something as they were married ten years, but they were married for five. During the marriage she drank very heavily, lost a business, they lost a house and then moved into social housing. When she left, she says she left with nothing, but she moved into a rented flat and the first months rent, deposit and estate agent fees were paid from their joint account, this was £1680 for rent and deposit and £675 for estate agent fees. My partner also agreed that the family allowance still be paid to her so she had a bit extra for when she saw the children. This had to stop when it was found out that she was claiming that the children were living with her and was caught committing benefit fraud.This meant that her rent was being paid as she had misled the benefits and claimed the children were living with her, she did this by going behind my partners back and changing the address for the children at the doctors so she could prove to the benefits people that they resided with her, it was all very underhand. When she left all that they owned was £4000 in ISA and my partner has a pension that even when he retires is only worth £28,000. Also when they lost the house during their marriage they had to borrow money from her parents of £20,000 and since separating my partner has paid his half back to them and she has not. He is a decent man and has never put pressure on her to contribute as he knows she has struggled and does not have a job and is on benefits. Can someone please tell me how much she would be entitled to? They own no property together, she has paid nothing in respect of financially supporting her children and I just wonder if realistically she can take money from him even though our accounts are now joint and it has nothing to do with her. Literally all he has is pensions and some money in savings less than £5000 which is joint savings with me. Would this mean she can have some or would anyone looking at this say she has not paid child maintenance so she isn't entitled? I just struggle with the fact that she has contributed nothing to the children in the last five years, not bought anything as we provide it and then says she is entitled to money? The children see her and we are all amicable but this is baffling me. I legitimately just want to know what we might have to pay out. it is worrying me

No-one can tell you what she will get on the information you have posted here. However, much of what you have posted is irrelevant. Your partner needs to see a solicitor. Once they are in possession of all the facts they will be able to advise the likely outcome.

I would respectfully disagree with prh47Bridge. Much of what you include in your post I would include in a financial statement were it to end up in court.

Unless your partner is a high earner, given there were no assets of the marriage I would say that his wife is unlikely to get anything on divorce. She's still entitled to make an application for a financial order if she wishes.

prh47bridge he has been in touch with a solicitor who has acted on his behalf during the child custody case and they have said he didnt need to spend money unnecessarily so to do as much as he can by himself and he has disclosed voluntarily. Of course what I have written is relevant? No financial support for kids and debt in the marriage. I just wanted advice from anyone who.may have been through this. I have been divorced but there was property to be split and actual assets not just small savings and a small pension, that's where my questions come from. And Collaborate thank you as I do feel this myself but trying to tell her that is not really getting us anywhere. She says she would appreciate my partner making a gesture but what do you offer?? Asking how much she is thinking she says, she wants what she is entitled to? But what is that??? It going to just be dragged out by her solicitor and I've tried to tell her that right now the only people gaining are her solicitors. She is on benefits so on low income, not good of shes having to pay out, but I think its being g funded by her parents. Thing is there is nothing so surely court would just cost more than she would gain?? Would her solicitor advise her of this? Like I said my partner has disclosed voluntarily but they have asked for more details which he has again provided. Will the solicitors end up throwing out a figure? Is that how it works? In my divorce my ex wouldn't disclose so it went straight to court.

Who was the petitioner in the divorce?

He filed as she asked him to, as she had no money, so he did thinking it would be a straight forward thing as they've been separated for six years.

Sorry I didn't pick that up. So they've not finished the divorce.

He should just get on and get her personally served and then complete the divorce. He should consider applying for financial remedy, but all he'd be asking for is a clean break. He wouldn't need that if she remarries without having applied herself.

Ok....so theres been some talking since yesterday. They have decided to try and resolve themselves. This means she is going to go to solicitor tomorrow S she has his financial disclosure and come up with a fugure and propose this to him. That way he can pay her what she thinks shes entitled to (if its resonable) and then have a clean break. So shes signed the first lot of divorce papers and the next step is the nisi but in the middle has been the financial disclosure. We are thinking if she comes up with a reasonable amount, pay her and then have a clean break. She is on a low income and now she is back in contact with the children this would give her some money when she has them? Pretty reasonable all round but are we being too soft? It's all about keeping it amicable and stress free. And I cant see her asking for a massive amount as we dont have it to give?

1. Take advice from a lawyer. No one reading this thread knows enough to give advice in sufficient detail. eg you haven't even said what his income is.

1. Don't pay anything over without the court having made a financial remedy order.

If it works for your partner it's not being too soft. A clean break means she cant come after him fir any more money or a share of his pension. From what you've written she shouldn't get anything as the children are with him and assets are minimal but paying solicitors woukd probably cost close to what she wants,

My apologies. I skim read your OP and formed the impression that this was yet another post that included a lot of irrelevant information about the ex's behaviour. Having read it properly I can see that, although some of what you post is irrelevant, much of it is relevant.

However, as I said initially, your partner needs to see a solicitor. Anyone on here who gives you the kind of advice you are seeking would be guessing.