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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 3955
Experience:  Barrister at law
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I'm in the financial resolution process in my divorce. My

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Hi. I'm in the financial resolution process in my divorce. My wife has delayed proceedings by over year to create a new financial profile. 12 months back she has already moved assets. The only way things can be assessed fairly and correctly is if we go back to the point of separation. She, and her legal team will not agree and the judge is only interested in 12 months. She has purposefully withheld information on the Form E but that doesn't seem to matter. My question is: Can I demand we go back further? What grounds do I need and how do I insist this is essential?
Thank you
Andrew
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
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Thank you!
Nicola

Hello, my name is ***** ***** I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

Can you explain what she has not disclosed and what impact this has on the settlement?

Do you have evidence at all?

Customer: replied 11 days ago.
Hi. She has not disclosed all her bank accounts or her trust account. When we met she claimed she was broke. I put everything I had into our lives, 140k in 3.5 years. When it was gone she outed me. Turns out she was not broke and had 600k + but kept it a secret as this was her money. Most of this money seems to have disappeared and now only 150k. I sold my house and used my savings to help her out only to find she was actually well off. As a result I'm in a lot of debt and an IVA while she is doing great.
I don't actually want her money but would like to clear the IVA of 27k and get my life back.
I don't have evidence unless she discloses the information, I just know I'm right because of what I've heard and seen.
Andrew

Then in these circumstances I don't see why you won't succeed in having the records you seek disclosed. Have you made an application to court?

Customer: replied 11 days ago.
No. We intially agreed to voluntary disclosure at her request. I gave 12 mths, she gave 6 mths. I asked for more info and she refused. She then made an application for a financial order. She has a strong legal team doing all the work and a rich father paying them. It doesn't make sense other than they are trying to protect her assets. Her financial profile has een changed since separation (over 3yrs ago). They are fighting hard to only disclose the last 12 mths. In my view we should go full disclosure from separation Aug 2016. Can I still make an application? Or is there an alternative method?
Andrew
Customer: replied 11 days ago.
There has also been an order from the judge, written up by the solicitor demanding lots of my info, which I have given, but protecting her position.
Andrew

OK, have you exchanged form E's then, in that case, as part of the proceedings? Have you filed questionnaires if so?

Customer: replied 11 days ago.
filed fom E and exchanged questionnaires. It was the form E that highlights hidden funds and they have complied mostly to the questions. This has led to more questions which they refuse to answer.

If answers are not being provided, the judge should step in and make an order for certain items or documents to be disclosed.

It is a relatively simple application to make.

Customer: replied 10 days ago.
I'd be grateful if you could point me in the direction of the specific application I need. I will apply to the court. Thank you for your help.
Andrew

You would make an application via a D11 application notice for the specific disclosure that you require.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/714971/D11_web_0616v2.pdf

I hope this assists.

Please do take a second to accept and provide a rating for me (top right of the screen) so I can be credited for my time.

Kind regards,

Peter

plclegal, Barrister
Category: Family Law
Satisfied Customers: 3955
Experience: Barrister at law
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