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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35564
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Still going through the divorce and things are not going

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Still going through the divorce and things are not going smoothly.
I have submitted all my full disclosure. My wife hasn't. I have sent two letters through solicitors requesting full disclosure she ignored all approaches.
Last week I learned that she has submitted a court proceedings for the financial side.
My wife is working and earning £900/month +some undeclared work.
I earn £2200/month.
All matrimonial expenses come out from the joint account where I am the only contributor. This has been the case for the last 5 years. From the joint account comes out, mortgage, insurances, telephones, TV related products, council taxes, rates, bills, shopping, holiday and the rest....
In the last month, I have asked for Susan to participate in the house expenses. No answer.
There is a house in my wife's name, she has not disclosed it, she also did not disclose further earning she makes cash in hand.
My question is: can she get away with an incomplete disclosure? Is there no legal consequence for not disclosing all?
Another question would relate the house in my wife's name....the house was bought as a joint house, however, for convenience (I was out of the country) the house was put in Susan's name only. We rented the property out and the rent was paid in the joint account.
Can susan claim the house is hers only?

My name is Clare

I shall do my best to help you but I need some further information first

For clarity - she has now filed a Form A and you will get the court timetable in due course?

Customer: replied 6 months ago.
All that came from my solicitor is " she has submitted a court proceedings for the financial side" and "we are waiting to hear from the court" . I don't have the technical detail and denominations.

In that case she has indeed filed the application and that means that you will be locked into a Court Timetable - with forced disclosure - and the ability to challenge her disclosure.

At the current time any disclosure was voluntary - within the court process it is compulsory and any failure will indeed have consequences

The house in her sole name will form part of the matrimonial assets

I hope that this is of assistance - please ask if you need further details

Customer: replied 6 months ago.
What would be the advantage for Susan to go to court for resolving this? Why would her solicitor (assuming that the solicitor is consulted) recommend the court rather than a negotiated alternative?

Sadly that is an impossible question to answer

Your ex may believe she will get a better deal form the court (unlikely) and her solicitors may simply want the extra fees (sadly likely)

Clare and other Family Law Specialists are ready to help you
Customer: replied 6 months ago.
Ok. Susan has (last month) cancelled (without my knowledge or approval) the children credit that was paid into the joint account. The money is bow paid into her sole account.
Can she do that? Does it have any consequence?
How does the court evaluate? Do they look at the finances through papers? Does the court call us physically for a "hearing" ?
Customer: replied 6 months ago.
Ok. Susan has (last month) cancelled (without my knowledge or approval) the children credit that was paid into the joint account. The money is bow paid into her sole account.
Can she do that? Does it have any consequence?
How does the court evaluate? Do they look at the finances through papers? Does the court call us physically for a "hearing" ?

I am afraid that she can do that - and there are no consequences as such.

You will be hearing from the court with the first hearing date which will be in seven to eight weeks time.

You will have to complete a form E

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/688215/form-e-eng.pdf

The expectation is that you will reach some agreement within the course of the three hearing process - and if not the court will then decide for you

Customer: replied 6 months ago.
What is a " hearing "? Do I physically meet a judge? Answer questions? Or is it simply the supply of documents?
Does the court look at " soft" circumstances or just financial facts ?
Can I also call the tax credit agency and switch the payment back ?
Susan still has full access to the joint account where I am the only contributor. Is there a way of stopping her access or do I have to wait for the financial settlement?

A Hearing is indeed a meeting at court.

You may meet a District Judge or you may meet a Legal Adviser.

The aim of the first hearing is to identify what agreements you can reach and what further information is needed to take the matter forward.

You will not be examined or cross examined - it is about looking at what needs to happen next

It is up to you whether or not you apply to have the money transferred back - but the difference in your incomes might make that seem a little petty.

The joint account can be closed if you wish.

Customer: replied 6 months ago.
Can close the joint account without notifying Susan? In that case, Who will be responsible for paying the mortgage, the house bills .....?

Yes you can close the account if it is credit.

Unless you make arrangements for the bills to be paid from another account then they will go unpaid

Customer: replied 6 months ago.
I have a mortgaged property in my name overseas. Should it be part of the disclosure?
Customer: replied 6 months ago.
Looking at the latest joint account statement, Susan has now (as well as the children benefits) redirected the rent money out of the joint account.
The rent comes from the house in her name and was always paid in the joint account until today.
This now means she redirected £200+£400 out of the joint account whilst I am still the only one who pays all the house bills including children's activities, poker money and the rest.....
I am guessing since the house is in her name she can do that. However, what about all the house costs, is she not liable to pay some of the current bills?! (Mortgage, rates, ......).
We are still both living in the same house? She earns £900 declared, +. Now £600. I earn £2200. Regard less of fairness or unfairness, can I "make" susan pay into the house ? Or or is it tough to me I'll just have to keep paying it all????
Customer: replied 6 months ago.
Looking forward to the answers for above. Thanks.

Yes the overseas property should be part of the disclosure

I am afraid that other than asking her to pay there is no way that you could force payment

Customer: replied 5 months ago.
I just found out that Susan is using our current house as her business address. I am not sure what are the implications on the property value, mortgage, taxes etc are , my question is, can she do that without my permission? knowledge? The house is a joint mortgage.

She has no need to consult you on this.

It may have implications on the mortgage - but equally it may not - this is not a problem for you at this stage

Customer: replied 5 months ago.
Regarding the property in Susan's name, can she claim it as her own and deny me my fair share of it during the financial negotiations?
We have bought the property with our joint account and joint money..for the convenience, we put the house in her name since at the time of the transaction I was not in the country....
Customer: replied 5 months ago.
Regarding the property in Susan's name, can she claim it as her own and deny me my fair share of it during the financial negotiations?
We have bought the property with our joint account and joint money..for the convenience, we put the house in her name since at the time of the transaction I was not in the country... .
Customer: replied 5 months ago.
Susan is using the current house as her business address, she also uses house hold resources for her business (from which I don't benefit). Susan uses the house hold electrical oven to produce the products she sells. Since I am the one all the house bills, does Susan not have to pay her share in the bills, especially that she she is making money from the activity she runs from the house?