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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Original poster

Divorce & DPs Finaces - I don't understand??

13 replies

Twinkie · 19/10/2004 09:28

Got Form E Questionnaire through yesterday from X2bs solicitor and it demands the following:

Valuation of DPs house
DPs P60 for the last year
Mortgage Statement
How much I intend to invest in DPs house.

The last one I can see to some extent is reasonable - obviously he doesn't want me to just spunk the money upthe wall but even that I can;t answer as I don't know as he won't at the moment agree on an amount to give me so he is asking how much of x will you invest when I have no idea the value of x??

But why is DPs salary, house and mortgage any interest to a judge - as DP is a good earner does this mean that I will be awarded less than say if I was with a warehouseman and what has this to do with how much I should be awarded from our marraige??

Mind you don't think X2b is doing himself any favours as his staement reads thathe gave up his job in June and in now unemployed - how conveinient!!

OP posts:
Original poster
Twinkie · 19/10/2004 10:28

Anyone - just want some advice solicitor in court today and not sure whether to fax the info back or to ask if I have to or not - DP doesn't mind him knowing it BTW!!

OP posts:
Nimme · 19/10/2004 10:35

When DH (then DP) was going through divorce my finances had to be disclosed as whatever I owned/earned contributed to DH's wealth. If I had had lots of dosh DH's ex would have had bigger slice of cake. Makes sense?

marialuisa · 19/10/2004 10:36

Twinkie, I'd sit tight until you can speak to your solicitor. FWIW I think it sounds slightly odd and I doubt his solicitor will chase you immediately. it wouldn't be unreasonable not to have that sort of info straight to hand...

Original poster
Twinkie · 19/10/2004 10:46

But I am not married to DP so I actually have no claim on his income - yes we are confortable but what has this to do with the fact that I contributed to 7 years of a relationship with X2b - it seems bizarre that x2b can say that I should get next to nothing because our marraige was so short (he forgets about DD when he says this!!) he is discounting the time before we were married and since we have seperated but syas the time I have with DP is relevant???

OP posts:
Freckle · 19/10/2004 10:48

Form E requires full and frank disclosure of your finances. As your finances are now inextricably linked to DP's, then his finances have a bearing on your situation. That isn't to say that the judge will take them into account and award you less. It's just that the court requires a full picture of both parties' finances. X2b will have to do the same, including the finances of any long-term partner (if he has one).

Freckle · 19/10/2004 10:49

Oh and wrt how much you plan to invest in DP's house, just put "not known at the present time" as you don't have any plans if you don't know how much money you will have.

Original poster
Twinkie · 19/10/2004 11:00

Thanks Freckle - yes I was going to put that I don't know how much I will invest as I have no idea what the ruling will be with regards to the split!!

The actual phrase is 'How much money she seeks to invest in her partners property' - I think he is saying this because I have some debts that I wanted to pay off too - does it matter what I want to do with the money!!

Just infuriates me that X2b has made himself unemployed so is earning f'all (well he must have cash in hand to pay mortgage and CSA) but is demanding to know what DP earns!!

He is also lying about the value fo the house and how much it is being marketd for withouth realising it is on Right Move and I can print it off to be taken into court!!

OP posts:
Original poster
Twinkie · 19/10/2004 14:10

Rigt anymore great advice - have been told on a divorce site that I have to declare everything by law but my boss who is a lawyer in Australia said not to declare DPs stuff and the secretary from the solicitor has left me 2 voicemails!!

OP posts:
Joanna3 · 19/10/2004 14:23

Twinkie, as I understand your dps finances can only be taken into account indirectly. For example if you are living with him rent free then obviously you won't need money to pay rent. This would reduce the amount of maintenance you need. However I can't understand why DPs house valuation should be relevant. It may that DH thinks you may have contributed something to it, or that your name is on the title deeds. If you haven't then it shouldn't impact on the divorce settlement. You could just estimate a valuation, don't bother about getting estate agents round etc unless ordered to do so by the court. Good luck with this, make sure you look after yourself during this time as it is very stressful even if it is what you wanted

Original poster
Twinkie · 19/10/2004 14:27

Thanks Joanna - yes I am living with him rent free but only till settlement comes through I will obviously have to contribute at some stage and he is just being kind at the moment - I do pay for lots of stuff in the house - all food etc and the general stuff that you buy for the house!!

My name is not on title deeds or anything we have deliberately kept everything seperate so X has no claim on anything of DPs!!

Oh I am not asking for maintenance (I support myself and DD with my own job and money) just a clean break settlement with a portion of old house's equity to invest in DPs house so DD and I have some security is all I am asking for.

OP posts:
anorak · 19/10/2004 15:40

Hi Twinkie. I don't know the answers to your questions but I would definitely hold off until I had received legal advice. xxx

Original poster
Twinkie · 21/10/2004 15:09

Well just spoke to solicitor and she said that X2b has a cheek asking for the imformation that he did and it would only be relevant if I was trying to take 100% of the house or expecting to get it signed over to me when I am only actually asking for 50% of the equity!!

She is asking for the hearing we have next week to be used as an FDH and hopefully the judge will give us some directions of what he would decide and X2b will accept that rather than drag us to court!!

Fingers crossed girls for me on Thursday. XXX

OP posts:
Joanna3 · 25/10/2004 10:23

Hi Twinkie - only just read this message!! Good luck this Thursday. The sooner you get this all sorted the better then you can get on with the rest of your life. Hopefully you (soon to be ex) DH will see sense and agree to a reasonable settlement. Remember - everytime you speak to your lawyer you will be charged for the privilege, so keep calls short and business like!! Please post again and let us know how you got on.

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