Divorce: H giving away/disposing of assets/cash

[swissmilk]

My wonderful (eye-roll) ex has been spending all his life's savings and getting into debt (he is a good earner with a secure job)
We are coming up to FDR, which will no doubt go to Final Hearing. I don't have a barrister or solicitor....I can't afford to rack up debt.
Will the judge see what I see, which is a wilful disposal of assets and getting into unnecessary debt to avoid giving me my share, or am I dreaming?
We still have a family home, which he could sell without me as I'm on the deeds...is there a possibility I might get a higher share of that because all the other assets are now gone?
(Assets were about a half of the equity in the FMH).

If you can show that he has been acting irresponsibly and wasting money that will be taken into account. If he has been giving assets away or selling them for less than they are worth the courts can set aside the relevant transactions when determining the financial settlement.

What evidence do you? Do you have documentation to prove your assertions? That will be important.

I have proof via his bank statements, he has made lots of 'cash' gifts to members of his family and basically has burnt through all his savings/liquid assets, has got into debt buying cosmetic surgery and other luxury items which is completely different behaviour to his usual spending pattern (he earns a very good salary and used to live within that when we were together). He has had no expenses as he lives rent free etc, so it (to me who has known him 2 decades) looks like he is trying to get rid of all the liquid (arguably) liquid assets.
I have proof, I just don't know whether a judge will give a shit?

Sorry should read ... (arguably) marital liquid assets

Yes, a judge will care.

To OP

My divorce took almost 2 years to conclude. Ex was obstructive all the way. Never produced the documents that the court ordered at the FDA. Went to FDR (pointless exercise as lasted less than 15 minutes) then to a Final Hearing.

Judge at Final Hearing asked ex (who was the applicant and had to go in the seat first) as to why they had not provided documents related to bank accounts and property. Ex was evasive. So judge made their own determination based on information provided by myself.

A long drawn out process, but Ex's actions finally came out and I was awarded most of my legal costs.

Good luck.

Thanks @Java2019
My ex sounds similar to yours.
He's just so entitled....he doesn't take the process seriously at all...
If I was a judge I could see through the fact that he hasn't provided evidence for his 'spending' and has in fact been squirrelling the money away.
But I'm not a judge, and I have no idea whether judges actually care about equality and righting the wrongs.
The judge I had for my FDA was strict but fair, but actually didn't do much or comment much (it isn't needed at this stage) and of course every judge is different.
I can't afford a solicitor, so I don't know about case law...and all the examples online are of ridiculously wealthy people (the ones who can afford to go to the higher courts) so it feels a million miles away for us fighting over our terrace house in a village!

I think all you can do at this stage is gather all the evidence and keep it safe. Photograph / scan'/ copy all documents, payslips, tax returns, bank statements, as far back as you can go.
As others have said, you need proof.

Don't forget to have your 'interest' registered against your marital home at the land registry . You can do this yourself on line.

www.gov.uk/stay-in-home-during-separation-or-divorce

That will prevent him trying to sell without your knowledge and of course do not let any prospective buyers in to view the house .

Thanks @Fontofnoknowledge I am on the deeds of the family home and my ex hasn't got access at present (I am paying all the mortgage).

As you have a lot at stake here, I really would consult a solicitor and get yourself represented. It would be money well spent if you get a good outcome. It’s less likely to annoy the judge too! It will be organised and the evidence will meet the court’s requirement. I would get a quote and see what you could afford.

Why would I annoy the judge being unrepresented @BubblesBuddy?
I don't have any cash to pay for a solicitor and have already spent £15,000 (£10k on
a credit card) on a solicitor and that's all I have.
I think one of my ex's tactics is for me to cripple myself in debt (he's pretty angry the marriage ended) and I don't want to play his games anymore.
Why would that annoy the judge....if it does, welcome to my world your Honour!

To OP

I don't have any cash to pay for a solicitor and have already spent £15,000

That seems a lot if you are no further than the FDA?

Have you been to the FDR yet?

@MysteryTripAgain nope FDR is in a few months. Basically tried to sort out the finances through a solicitor without using the court at first....big mistake! That raked up solicitor bills, delayed the whole thing and got me nowhere.
Should have petitioned for court the second we split up...would have been finished with it all by now.

Basically tried to sort out the finances through a solicitor without using the court at first....big mistake! That raked up solicitor bills, delayed the whole thing and got me nowhere

Reaching a settlement without court involvement requires both parties to be sensible. If one, or both, are obstructive or must win at all costs then ping pong between solicitors will not help and will end up at Final Hearing.

Hope you FDR is productive. Parties are meant to get 1 hour of Judge time, but average seems to be 15 minutes based on what legal have said on other posts and my own experience. Courts are overloaded, but under present procedures I don't think you can proceed to a Final Hearing without previously attending an FDR?

Judges are overstretched and it’s very annoying for them when evidence/legal arguments aren’t properly presented (not that having a lawyer will guarantee this). Do you have anyone who could show you how to write a skeleton argument, prep a bundle etc? It doesn’t have to be perfect - just easy to follow.

Judges are overstretched and it’s very annoying for them when evidence/legal arguments aren’t properly presented (not that having a lawyer will guarantee this

15 minutes is not enough time for a judge to;

listen to arguments presented by both parties, and

Read all the supporting documents, and

Then make a recommendation

@BogglesGoggles I will have a short meeting with a solicitor to get a bullet point plan to present my case.
The fact that we will only get 15mims with the judge only enforced to me that it really would be a waste of money to have a barrister for the FDR - other side won't want to settle at the FDR, he wants to keep me in his life and with no children together the only way he can see me is in court.

@MysteryTripAgain there's nothing I can do about the court setup, I understand that time is precious and I have followed the rules and procedures pretty much to the letter, my ex hasn't - see my original post. I can't do anything about his behaviour, I was just wondering what a judge might think about it?

Good luck with this

To Swiss

One advantage of courts is they can award costs against persons who have been obstructive and prolonged the process unnecessarily. Happened in my case. Two cost orders awarded in my favour before final hearing were taken into account when judge decided the final settlement