Terry & Co Home

Welcome! Log In Create A New Profile

Advanced

Money Issues

Posted by dazza9901 
Money Issues
June 18, 2019 09:02PM
Any divorce advice out there? My Ex requested that our divorce proceed, after I was going to halt proceedings but she said she would not seek any entitlement to property/assests if the divorce was completed. When I, reluctantly, agreed she went back on the deal and demanded a share that she promised to relinquish. Can this not be seen as fraud as she put it in writing and basically tricked me by meeting with me and claiming she was not in a sexual relationship but actually was. I am looking at pursuing this because I believe I have the basis of a case.
Re: Money Issues
June 19, 2019 10:16AM
No, it is not fraud and you do not have a basis of a case. You have been tricked. You do, though, now need to make sure that the financial issues between yourself and your ex wife are closed formally and finally. You can do this by agreement but it requires a court order. It is not something which happens automatically. If you and your ex wife cannot agree to do it then you probably need to make a court application to make sure it happens. Or, at least, you need to make sure you do this unless you are pretty certain that your ex wife will remarry before it is resolved and/or there is no jointly owned property.

If you have to make a court application which is contested you can certainly refer to what your ex wife previously said and produce any documentary evidence in support. The court may or may not take it into account. I say may not because the court exercises an independent discretion and it has to take into account factors which are listed in statute. It is possible what she wrote may be relevant but that will depend upon the overall context of what is in dispute.
Re: Money Issues
June 19, 2019 09:06PM
Thanks for the answer, if it is premeditated and planned though, surely that is deception especially as there us a monetary gain involved? I have spoken to other people and there is a basis for a case to be presented. As it stands we have a joint mortgage yet she refuses to pay her half of that as well, I am asuming that seeing as I am paying everything to stop repossesion and to include deception, a judge may see her in a bad light and rule in my favour. Is there any opinion on that or am I again incorrect.
Re: Money Issues
June 20, 2019 05:53AM
Standard stuff in a divorce, my ex said she didn’t want my pension or anything else other than half the house but once the divorce got going she wanted more than half of everything and for me to pay her substantial credit card bills

Who is living in the house? If it’s you then you are paying all the mortgage is the equivalent of paying her rent for her half of the house she is not using.

Just get the finances sorted ASAP
Re: Money Issues
June 20, 2019 09:53AM
>>I have spoken to other people and there is a basis for a case to be presented.

'Other people' are wrong. Although it is arguably deception it is almost inconceivable that the police or CPS would be interested upon such facts. And you will find it is not so much about being seen in 'a bad light' as what the figures are and what your respective needs are.
Re: Money Issues
June 20, 2019 10:13AM
Well I am in the house, have always paid 90% of everything and for the last year have paid 100%. I understand it's just figures and not really constituting a criminal offence however I think a good solicitor would be able to get me a better deal.
Re: Money Issues
June 20, 2019 10:45AM
Whether you are in the house or have paid for 90% or 100% of everything is almost certainly irrelevant. It is by no means uncommon for a husband (it is usually the husband) to pay for everything while the wife remains at home for one reason or another. In such a case the wife may have made no financial contribution but you make a big mistake if you think she would be entitled to less because of that. Quite apart from the fact that the house is the former matrimonial home you also have the benefit of living in it so you can hardly expect your wife to contribute. This will all come down to the figures and factors such as how long you have been together and what your respective needs and earnings are.
Sorry, only registered users may post in this forum.

Click here to login