hazelhorse
Expert Boarder
Nbr of posts: 42
 England and Wales
applicant in divorce
Thanks received: 1
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What constitutes financial misconduct? 1 Year, 5 Months ago
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I am struggling in a difficult position with the financial aspects of my
divorce, as my stbx has not given full disclosure, which was required last
March for the hearing in July. There are lots of hidden aspects. He also
stopped paying the credit card he agreed to pay until August last year, to
cover living expenses for his children. He also failed to pay the amount
he agreed in court from August until end October, when CSA caught up with
him at his new address which he refused to disclose. He has threatened to
stop paying the third of the mortgage he pays, has spent or moved tens of
thousands of pounds from family savings whilst denying me access to them to
enable me to cover my legal bills. I have been forced to take out £25k
loan against my final settlement for these.
Will these matters
have a bearing on the final court agreement or is it just more poo I have
to take on the chin?
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LittleMrMike
Platinum Boarder
Nbr of posts: 5254
 England and Wales
Thanks received: 886
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Re:What constitutes financial misconduct? 1 Year, 5 Months ago
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In many cases involving financial misconduct the Court might deal with the
situation by making an order for costs against the offending party, so if
for example one party is found to have concealed assets, the distribution
would not be affected by the non-disclosure but the guilty party may very
well have a costs order against him/her. Although it is rare for
conduct to have an effect on the order the Court will make, it could be
relevant if it has a direct bearing on the parties' finances, for example
where the husband had dissipated assets in hopeless business ventures,
where one spouse had wounded another, thereby restricting the ' victim's '
ability to earn a living.
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Any opinion I give is based on the facts as outlined by you. You should not act on any recommendation in this forum without checking it with someone qualified to give advice.
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jonathancj
Platinum Boarder
Nbr of posts: 968
 England and Wales
solicitor
Thanks received: 170
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Re:What constitutes financial misconduct? 1 Year, 5 Months ago
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Was an order made last year and if so, what is your ex ordered to pay?
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I am a solicitor in England and Wales, but my opinions on this site are limited to general indications only of the relevant considerations and should not be used as a substitute for detailed legal advice specific to your own situation.
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hazelhorse
Expert Boarder
Nbr of posts: 42
 England and Wales
applicant in divorce
Thanks received: 1
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Re:What constitutes financial misconduct? 1 Year, 5 Months ago
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No orders were made last year as he refused to put forward any offer of
settlement. The only thing that was achieved was an agreement that he
would make a payment in respect of the children which was noted by the
court, but he failed to comply with this so I had to approach the CSA and I
am awaiting the first payment taken from his salary at source, which should
be in my account later this month.
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