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I am undergoing a divorce and my Husband applied for a Financial Remedy Hearing before submitting his FormE. I finally received the FromE but my solicitor and I still have unanswered questions on it which my ex has not provided. However, I attended the Remedy Hearing this week and have the following questions;
1. My husband is trying to force me to sell our FMH by deliberately putting himself in debt after he walked out and claiming the 60k debt he is in is Matrimonial despite it all being in his sole name and not spent on the home. He wants to take this money on top of his equity from the sale of the house. I am able to buy him out but not with this extra money on top. I thought this would be easy to rule out at the hearing as the debts are simply not Matrimonial, but the judge did not want to hear any information from my side and stated my ex should be repaid and that I would incur costs if it went to trial. He said a lot more that was incredibly humiliating and insulting but this is the main issue.
2. How can a so called judge make an ‘indication’ without listening to the facts? I doubt he even read my information, I would like to appeal against this and complain about his conduct. Is this possible?
3.There is simply no logic or justice in ordering me to pay towards debts taken out after we separated and are also in my husbands name only, but the judge stated my ex should get the money from the sale of the house and keep all his other assets to himself. Am I about to get some letter ordering me to put the house on the market?
I'm desperate for advice as I have run out of money to keep approaching my Solicitor and would also like a fresh opinion.
Thanks for your response.
The property was purchased for 209k.
I moved in late 2005 we were married Christmas 2005 however my name was only added to the deeds in 2008.
The current redemption figure for the property is 225k and it was recently valued at 380k and is situated in a very popular Thameside Village.
My Income is 40k my ex is a partner in a business and has a basic salary of 80k which can rise to 6 figures with bonus.
He left in Apr-13, the loans were taken out after that; He states in Form E 30k was to help his old business (he is still director of a Ltd co.) 15k to buy a boat, 15k to buy into new partnership, he has also included credit cards, these are in his name only but he had them before he left and states on form e; 14k on one, 5k on another however the current balance of these totals 8k and he has still not provided any statements showing any transactions. His bank statements show very extravagant spending on leisure (appx 1k per month) which is no doubt what the transactions would show.
Hope this is enough info.
One other thing I should probably mention is that I began suffering neurological symptoms 3 years ago, about the time I believe my ex really started to lose interest in the marriage!
My Barrister produced a letter from my doctor at the hearing which states I have been diagnosed with Multiple Sclerosis and lists the benefits for me in remaining in this area (and preferably my home) where I can continue to receive the support of my doctor and close friends. The Judge was again not interested in these facts but my Solicitor believes my illness should be taken into account as it is chronic and though has a minimal affect on my work at the moment, it is likely to have an increasing impact in the future.
No. Are you saying that is what I should offer him regardless of him keeping his other assets and pension? How does this prevent him expecting more on top (the 'pretend' joint debts?) and leave me with around 15k if I'm lucky?
Can you please explain why 40k was unrealistic.
We were working from the following figures;
A surveyors valuation of 360k for the FMH = appx 65k each.
He keeps a flat with 40k equity and and his other assets, I give up my 25k share of his pension and we have NO joint debts.
If the house is sold we are unlikely to achieve more than 75k each and I am still entitled to a share of his pension. If you think it is inevitable for the house to be sold can you please explain why and how do I prevent him taking money for his personal debts on top of this equity?
You have also not answered my question regarding the conduct of the judge at the hearing and how I can complain and appeal.