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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My partner and I are expecting a baby in a few weeks however

Customer Question

My partner and I are expecting a baby in a few weeks however he is still married to ex, the decree nisi has been granted but there are still financial issues that needs to be settled. She has requested and was granted a court order for any business accounts whilst married. He did have business accounts which are now closed but we will order from all the banks soon.
My partner invested in properties at the time, one property was purchased cash and is been rented currently. the other same, with a re-mortage and another one in feb/march had sold and the money was first put into his business account and now is in my sole account.
Do i legally have to disclose this information as they are not aware of the property sale and that the money is in my personal savings account.
Also as there marriage was so short, 3 years 2011-2014 with a 3 year old child, would she be able to obtain a lot of money for financial settlement? We have disclosed two properties plus the one we live in which is now in holland which has a mortgage...as he is originally from there and we decided to relocate. they separated September 2014 and our baby is due soon.
She had never worked during the marriage and the monies were given by family for him to invest.
She has also recently been granted maintenance for herself and the child of a large amount of £2000 until the decree absolute comes through.
Is my partner and i being together going to complicate the situation and should I return back to the UK once baby is born and end our relationship until he is officially divorced?
She did have a high level of living at the time and requests the same lifestyle however our only income at the moment is the two rents we receive from the two properties being rented out. But if we have to disclose sale of property then there is a large amount of money. How does the system work? Can I not say this is grifted to me as we are having a child soon?
thank you,
Michelle
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
There are a few points to cover, but first you have requested advice about ending your relationship with him until the divorce is granted. Obviously no-one can advise you about what to do regarding your relationship, but given you are having a child with him I would suggest you think very carefully about this. Also, as he is having a child with you the Court will need to consider the needs of your unborn child as he will need to provide for that child.
Regarding disclosure of assets, he has a duty to the court, and his wife to be full and frank and he should disclose all assets that he has an interest in. If his wife were to find out about undisclosed assets later on, then she could potentially have a claim to restore proceedings to vary a final order due to non-disclosure. Also, gifting of his assets to you as a way of not bringing them into the financial proceedings is not allowed and that asset will still need to be considered if he has or had an interest in it.
I understand that you are saying that their three year marriage was a "short" marriage, however the court does not necessarily decide just based on how long the parties were married. The court will need to look at contributions made (both financial and non-financial), the needs of the parties and any children of the family, the parties earning capacity and all facts of the case so that both needs are met and both parties are able to enjoy a standard of living after divorce as they did throughout the marriage.
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2848
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and 2 other Family Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. I ink your query was cut short, please check and re-send. Thanks