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Legal matters

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Financial settlement

8 replies

Isntdivorcefun · 24/11/2020 16:35

Hi all

Hoping someone can advise, as I can’t afford a lawyer.

Financial settlement about to go to court. I now live with a new partner (in his house, and pay him rent, but finances are desperate)

He has leant me some money as I am completely broke while this is all being sorted out, and have provided details of all my debts, bank statements etc to my ex’s lawyer.

Expensive hotshot lawyer is now saying they need to see my new partners income and expenditure and bank statements. This was never mentioned at the directions hearing.

Surely division of our marital assets (well, debts) and provision of maintenance for the kids is nothing to do with what my new partner earns and spends?

OP posts:
movingonup20 · 24/11/2020 16:45

We have kept our new partners out of it and agreed a private settlement, is this a possibility? Are you claiming ongoing spousal support?

Isntdivorcefun · 24/11/2020 17:04

Private settlement isn’t an option unfortunately (I would, but they won’t) so court it is. Very one sided as they have a lawyer and I dont

OP posts:
stoplooking555 · 24/11/2020 17:06

I'm afraid it is a factor and relevant to the settlement as your expenses are lower/shared by living with someone.

Isntdivorcefun · 24/11/2020 17:14

@stoplooking555

I'm afraid it is a factor and relevant to the settlement as your expenses are lower/shared by living with someone.
Mine are, but they don’t need to see all my partners financial info?

I pay rent and a share of bills, those are my outgoings. His should be irrelevant

OP posts:
MummytoCSJH · 24/11/2020 17:14

Child maintenance amount doesn't change based on a new partners earnings, it is purely based on nrp earnings. Others on here will know more about the other issues than me but nrp doesn't have to pay less for the upkeep of their own children because rp has a new partner no matter how much they earn.

stoplooking555 · 24/11/2020 17:16

I think they are. However, could you get an hours legal advice free as this is a targeted query and a solicitor should be able to answer.

Newwayofthinking · 24/11/2020 19:50

Get your new partner to draw up a lodger contract for you.

You pay him rent per month

They can't touch any of his "assets"

I have done this very same thing, I am the landlord, he is the lodger. Ex-wife tried to include my assets, I told her to get fucked and I would kick him out if she did.

Collaborate · 25/11/2020 07:36

Some of the advice in this thread is bad - which is par for the course these days when people just take a stab in the dark and lack the self awareness necessary to check themselves before coming on here and trying to influence the actions of OP with ill-informed advice.

Look at the statements of issue. Is it clear from both side's positions that that this is a case where the court is being invited to divide the capital based on entitlement, and that need does not come in to it? If so, and provided you have completed your form E giving details of your partner's income and capital, I'd refuse to answer and say it's not relevant (unless the court has already ordered you to answer, in which case you're going to have to do your best to comply).

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