Finances

Hi,

I am self representing in divorce for financial settlement.

Are figures at the date of the hearing (now) used when finances are split (ISA, Mortgage, Shares, Pension etc.) or is it the date that me & my ex split?

We split in 2011 & my ex wants to use figures from an ISA from when we split, he states he has been paying into it since then & it is worth a lot more now & I'm not entitled to any of the increase amount.

I on the other side I stayed in the family home & have been paying the mortgage & all bills, paid for a replacement boiler & various repairs to the home without any financial input from my ex, but my understanding is that figures in financial settlement are on the date of the court hearing not what they were in 2011.

Any advice would be much appreciated.

Also if anyone knows the FPR (Family Procedure Rules) that clearly states that figures are now figures not 2011 figures that I could quote back to his solicitor I would really appreciate it.

Thank you.

You are correct. It is the current values which would need to be declared.

The MCA 1973 S25(2) states...

(2) As regards the exercise of the powers of the court under section 23(1)( a ), ( b ) or ( c ), 24 [F5 , 24A [F6, 24B or 24E]] above in relation to a party to the marriage, the court shall in particular have regard to the following matters—

(a)the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;

(b)the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;....

Of course it goes on, but you get the gist. Note that (a) states 'financial resources' of each party. The ISA is a financial resource that your husband has and should be declared at its current value on his form E regardless of whether he thinks you are entitled to it or not.

The Front page of Form E clearly states
"You have a duty to the court to give a full, frank and clear disclosure of all your financial and other relevant circumstances." This is again reiterated when you sign and date your statement of truth at the end.

Referring to this should be sufficient to show the other side what their obligations to the court are. I think the full frank disclosure is a principle derived from common law i.e.precedents.

Once you each have full disclosure, you can then argue your case for needs or what is matrimonial or non-matrimonial property.

I can't believe you are having to raise this with a solicitor!

Thank you Bubblegum11,

I have evidenced already to court & his solicitor monies that haven't been disclosed on my ex Form E, which my ex has now remembered he has had but declared that he has spent this money!!!

He also gets yearly deferred bonus's paid into his bank account, which he again forgot to declare to the court! & he has spent!

He also gets yearly discretionary bonus's paid via his wage, again not declared & when I have questioned it & now he says I've had my share through child maintenance (although he has not given his solicitor or myself proof of this as maintenance payments have up until now been at his discretion!)

He basically wants all monies, full pension for a trade off for me keeping the house!!!

Very frustrating I'm a full time carer for our daughter receiving carers allowance, limited working capacity due to this & he expects me to live off no pension & bricks & mortar!!

Any other gems of advice would be truly appreciated.

Thank you.

Firstly child maintenance is for the child and not your share of anything. When you say it was paid at his discretion - do you be voluntary? It might be worth going through the CMS, or at least use the calculator to work out how much he should pay.

His disclosure does sound very sketchy. I honestly couldn't say how the Court would view his non-disclosure and what action the would take - I guess it depends on the sums concerned and the strength of the evidence. Has he provided statements to evidence receiving the money and spending it. What has it been spent on? Could be considered dissipation of assets if it was deliberately and recklessly spent to prevent you from getting a share.

There is some case law you could look at relating to non disclosure which may be of interest. (Sharland and Gohil)

The main focus of your case needs to be both your and the child's housing and income needs.

Thank you Bubblegum11.

I am now going through CMS at the judge instructed me to do at our last hearing, my ex has totally gone off about it as he has to pay more than our previous family arrangement (Him paying a discretionary amount depending on his salary each month)! He is refusing to pay me maintenance from the last day he paid until the 1st day the new CMS agreement starts (some £600.00), unless I agree to meet him & discuss changing the new arrangement back to our old family agreement!

He has now provided evidence of bank statements showing bonus payments directly into them (£9,500) & wage slips showing bonus payments into his wage (£8,000 before TAX). He says he's spent the money on our children taking them on holiday etc! (To Spain each year, where as I have not been able to afford one!).

I will look at Sharland & Gohil case.

Again any further comments would be appreciated.

Thank you.