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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34288
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My marriage ended after almost 30 years due to adultery on

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My marriage ended after almost 30 years due to adultery on my husband's part. The family home was sold in August 2012 and I received 70% of the equity and had an agreement to receive 30% of the pension. His was 70% pension and 30% equity. The judge queried the maintenance ceasing after 2 years and finally in November we agreed the maintenance would continue until my husband was 60. He has been paying since August 2012.

Until July last year my husband was earning about double my earnings. I was notified officially in the summer after he had left his £34000 job to become self employed and run a burger van with his new partner.

My concern is although his solicitor has stated the statement of information will not affect our agreement - now his net income has been completed it show £600 per month less than me. I have no way of verifying this and I am worried that the Judge will either reduce the maintenance or stop it because it appears he does no have much money.
No mention has been made of the £54000 cash sum he received - the only capital he is showing is his pension. The form E that we both completed a couple of years ago is obviously out of date. I have no wish to change the agreement but I feel his delaying tactics could be deliberate and that although agreeing to the maintenance continuing until December 2015 was done knowing he would be able to put down a low figure so that the Judge might change the agreement. I don't wish to sound cynical but this has been going on for almost 5 years
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are both and where did the £54,000 come from?
Clare
Customer: replied 3 years ago.

The £54000 was from the sale of the house. I am 55 and he is 58. We separated nearly five years ago. I started divorce proceedings in March 2010.

Customer: replied 3 years ago.

Can someone else help me if Clare is not available?

Customer: replied 3 years ago.
Relist: Other.
Because Clare is not available to answer my reply
Expert:  Clare replied 3 years ago.
Hi Sue
My apologies - you dropped off my lists
I think you are right to be cynical about this.
After all it is a strange time for him to suddenly change jobs.
Unfortunately at this stage there is nothing that you can do unless or until the Judge queries it.
It has to be said that the Judge will also have considerable cynicism - and this may well mean that the Order is made regardless.
If not then it would be reasonable to demand to see his P60 for the year and to suggest that updated Form's E are exchanged.
Please ask if you need further details - and again my apologies for the glitch
Clare
Customer: replied 3 years ago.


Thank you for your reply. The P60 will not show his last pay in July. I did think about the form E but was hoping to cut that out as we had come to an agreement. Unfortunately I think this has been planned all along. Why propose an agreement when on paper it looks like you have virtually nothing to live on? He is living with his partner who owns a big house and they both gave up their lecturer jobs to run this burger van. I understand they have students lodging.


 


Should he not have to complete the capital part of the statement of information? He owns the burger van and bought a truck. His liabilities still show £1000.


 


Last Feb we went to court because the Judge was not happy about a 2 year cut off period for maintenance. She told my husband to contact his pension company and copy me in. She also said "you can't just cut off like that after 30 years" Some months later he offered me a lump sum which would include an extra year of maintenance. I accepted but then "due to a change in circumstances" he wanted to change back to monthly payments. In July I was told he had left the college and had started the burger van. Once I received information from the pension company as to how much I could expect to receive I came to an agreement for the maintenance to continue until he is 60.


 


Is his solicitor correct in assuring me that whatever goes on the form will not change our agreement? Surely if it looks like he earns a pittance (which I don't believe) the Judge could change things. Is it acceptable to write to the Judge giving some background information?


I am also aware (from my son) that my husband received a lump sum when he left but this has never been declared.


 


 

Expert:  Clare replied 3 years ago.
Hi
You have already discovered that the Jude does no have to make the Order if he or she does not think it is fair - so if the Form does not look balanced then there is indeed a risk that the Order will not be made.
It is worth writing to his solicitor and demanding that the form is completed with ALL the relevant details on order that the matter can now be concluded
Clare
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