sorry I had no access to my personal laptop for a few days as I was at work.
- yes the questionnaire asked if he had accounts with the instituations I knew he had (actually I knew account numbers and all but I did't specify in teh questionnare) and if they were closed to provide closing statements otherwise teh balance at the date of separation. he said the accounts were closed sometime back but didn't provide closing statements.
I am interested in all three questions as I am trying to do some scenario analysis.Once you are live we can chat more details.
The sad truth is that I am in position c. The consent order of finances is not court approved yet due to a technicality as the decree nisi hasn't been pronounced yet but is a matter of a week or two if not actually days.
I am just worried that I will forever look back and wonder why i didn't take a second opinion before going ahead with all that happened. It is like going for a drastic surgery without ever asking a second opinion.
I know that there are savings of value almost as much as the equity of the house. I know that in reality if I was to get 50% of the true asset pool it would mean half the debt that I now have to take on my shoulders. Despite all that because of the hidden assets it is as if I get 57% of the reduced fake asset pool. I just wonder about the cost and the possibility of asking the accounts with their balances as of 24 Jan 2012 to be revealed. I know account numbers and sort codes and customer numbers, I know that banks have a regulatory obligation to keep records for 6 years and I know these are normal standard UK bank accounts. But I don't know the power and willingness of the court to ask these accounts to be revealed. I was scared to go to trial so outside I just settled for whatever I was given. You see I also work so I was scared that they would just see that I have comparable income to his (a bit lower because now I am bakc from maternity etc.) and consider that I don'tneed anything.
My husband was earning double what I was earnign during the marriage but I contributed everywhere as much as he was contributing. There is 440k that I can show just using his payslips/p60s that are missing. He earned 440k more than me but this is no where to be found. In the 5 years we were married only 30k went to repay our debt which is why now i have to take all debt on me to house our daughter. His income was kept away, he was hoarding cash all along and letting me pay for everything from my income.
Three years after separation and he had paid less than 50% of the CSA amount despite earning 150k+ annually gross. I did an MPS but was so expensive that I believe it wasn't worth it.
I need some sanity check before I embark on this path so that I don't always wonder why I didn't get a second opinion.
Sorry, too chatty
glad we get to chat,
1)Total property is £860k, I get 55%, total cash (savings-liabilities) seems I get 70%, i.e. 50k while in reality I know cause I have seen teh savings, I get 13%.
The reason I am so upset is because I actually get 75% of the total debt we had as a couple.
Another way to show my husband was hoarding cash while I was paying or everything through my work is that in teh 8 years (married 5, together 8, since jan 2004 cohabited before marriage) he earned in total NET around £880k and we only reduced our mortgage debt by 30k which doesn't make sense.
Unless he was hoarding cash naturally he would be repaying his mortgage debt but he chose savings as our mortgage rate was low.
Our lifestyle was incredibly modest, no trips or travels or weekends away except summer holidays in my home country where I would pay flights and the holiday costs (meditteranean country so very close to london).
b)the money exists, is not spent but now is in different accounts and the initial accounts are most likely closed. Of course despite being asked specificcally to provide closing statements and balances as of 24 january 2012 both at the questionnaire and at a scheudle of deficiencies we serviced on him he didn't.
c)yes it did ask for closing statments and bank statements.
d) yes i was represented. I answer this honestly because I put my trust on your honesty as well. I thought for a moment to say no and not give you the whole story. I need to know if there is a mistake for my sanity because I am plagued with confusion and guilt because I shouted and screamed and was ignored.
You see when I served the schedule of deficiencies to him(was submitted at court) I got no response and then I contacted directly his solicitor although I shouldn't have and never did before to ask what is going on.
My husband's solicitor told me to my face that tough luck, you should have asserted this at the fdr and you didn't so now you are stuck and we wont' answer any questions..
I do have however all the emails where I state account numbers and sortcodes immediately after the questionnaire exchange and before the FDR at my lawyer begging for advise and what needs to happen strategically and tactically..
I suspect everybody was distracted by the fact that my husband earning £150k a year hadn't paid in 2 years not even half the minimum CSA amount and he lived alone with only £550 per month mortgage payment (no rent he also had his own flat).
At the point of separation we were paying £2700 per month to a nanny. He paid nothing towards childcare or child maintenance for more than 6 months. In the end a bit before teh FDR I had to do an MPS to force him to pay maintenance and half of childcare. He only respected the order for 4 months etc..
Because teh MPS happened 3 days before the FDR everybody focused on his behaviour of not paying fo rhis child and missed the big elephant of him having hidden 300k at least in accounts he didn't disclose.
There are emails where I desperately ask for help before the FDR exactly the day after I got the answers of the questionnaire and I saw what i expected, that he didn't asnwer the questions and vaguely said he had closed the accounts without providing closing statements or any details etc thus insisted on hiding the 300k.
I desperately asked what to do as I couldn't go ahead with an FDR where the asset pool was half what it should have been. How could i negotiate? Why pay all this money? Situation is rigged.
Now I believe the schedule of deficiencies should have been served before the FDR and at teh FDR it should have been asserted that the court orders he reveals these accounts and their balance as of the point of separation.
And the result of this is that I have a level of debt that is 150k more than it would have been if I had 50% of the true asset pool rather than this erroneous 55% of the fake one.
In essence the question is two fold:
1)If I had served the schedule of deficiencies before the FDR and had asserted that the accounts are revealed could the judge at the FDR order this happens otherwise we don't go to the final trial and then my husband would have no option to reveal these accounts or go to jail ?
Note that these are uk accounts and it is perfectly possible to provide closing statements etc as it is a requirement that banks keep this data.
2)Can I claim now that i was forced to negotiate and settle based on the erroneous asset pool where there was significant non disclosure so apply to the court to not approve the consent order negotiated outside the court room?
Thank you in advance,
I am not sure about something. He was never ordered to disclose these accounts by the court because this was not asserted at the FDR which I believe it is because of my laweyr's and barrister's mistake when they missed the point.
It is because of this mistake that they pushed me so much to settle and not go to a court trial so their way of handling my case doesn't come up as clearly deficient.
Can I still go to court and ask the order not to be signed?
Note that I was begging to go to court about this but my solicitors told me not to appy to court cause if they reject my application it will weaken me inn the final trial.. and so they preferred to push me into agreement !
Note that the judge could ask them why did't you assert this issue of non disclosure at the FDR?