Discuss all aspects of Ancillary Relief: when and how to apply, and the various stages of the court process from disclosure through to a final hearing.
I am going through my ex wife's questionaire and one of the questions is going to be difficult to meet. He solicitor has asked for a detailed explanation of all bank transactions over £500 including documentary evidense. This seems a round about way of asking for stuff that I am not required to give. I have given 3 months payslips and a P60 but now they want all payslips for the whole year. They will want credit card bills, council tax demands, my solicitor's invoice. This smacks of a round about way of going through my expenditure in detail. I am not sure that I have half of the stuff that is required anyway. Can they not take a payment to N Power for gas and electricity at face value?
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Asking for all expenditure to be justified (over £500) is a normal course of action.
In my first divorce (in 1998) we were asked to identify all expenditure on credit cards and bank statements this way. However, we were both self-employed; and regularly paid out bills over £1,000 - so we each agreed to raise the limit to items over £1,000
If you feel this is a lot of work; you could ask them if they'd agree to raise the limit. But what you're being asked is both deemed reasonable. Yes, it creates a lot of work; and yes, it becomes like Forensics (!) but when parties cannot agree settlement away from court; this is what happens.
Having been given a raised limit (to £1,000) my ex decided to make several cash withdrawls of £999 (idiot!) The judge asked him about these on cross-examination; and he said he was regularly visiting casinos (lies, lies, lies!) and had a bad gambling habit. I doubt it changed the outcome, but made him look like he was deliberately disposing of assets during the AR proceedings.
You'll just have to sit down with your statements; and answer their questions one-by-one. Are you self-repping??? Then just list the accounts each relates to; and answer:
ie: Abbey a/c no; 02849
Cheque No: 983654934 dated 31st March 2008
Kittys' Whore House, Nevada. Personal services. £870.00
etc; etc.
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Gee Toto; I guess we're not in Kansas anymore!
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It isn't the explanation of expenditure that concerns me, it is the request for documentation. I have no documentation to substantiate a £1400 back dated child tax credit payment for example. I am more concerned with what my wife hasn't put through he accounts. ie receiving housing benefit but not actually paying out any rent.
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Kevin01 wrote: This smacks of a round about way of going through my expenditure in detail. It sounds funny - but going back to Kevins post: many people really don't want their expenditure going through with a fine-tooth comb. Many people really aren't that aware that in AR court proceedings - ones personal expenditure is accountable for: and usually means trudging up expenditure which occured within the past YEAR; and often post-seperation.
My first ex (1998) found lurve through the internet. He had five holidays to the USA in one year; and his expenses in relation to this: flights; hotels etc were called to be accounted for. On one statement; it showed that he and internet-lovely-lady had eaten out six times in one day. He then claimed all of these expenses in his 'needs' list: which is why so much of this becomes questionable.... he'd also made many cash withdrawals; and stashed thousands of $$$$$$ into a Safe Deposit box for his future trips... whilst i sat home with the kid buying cheaper tomatoes to make ends meet.
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Gee Toto; I guess we're not in Kansas anymore!
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