ReallyFedUp wrote:
My question is: - Is my stbx overspending taking into account by the District Judge for settlement and solicitors fees?
The priority of any judge would be the housing needs of the children and yourslef. If your children were privately educated; this will be factored in to any future spousal support.

Was this over-spending normal to his life­style­; ie: he usually has fancy cars; several holidays, and eats in expensive restaurants? client entertainment etc? or do you suspect he has spent the past year disposing of marital assets?

There is obviously enough here to provide housing for you and the children; and if that means you end up with an 80%-20% split (in your favour) then maybe he'll just have to sell the Bentley - or sleep on the back seat.

till death us do part wrote:
Is there a general principle here that anyone can shed light on? If a formal seperation takes place on a certain date, is that the date that asset values / earnings are taken from?
I think with the state of the world economy at the moment; the courts are using updated valuations as we progress through the lengthy system.(At least that's the experience of some wiki users).
The courts can only split what there is: not what there once was! Sadly many people are now finding it the wrong time to sell; or now in negative equity.

My own experience is that ex and I split in July 2007. Form E valuations were submitted in May 2008. However; one YEAR later at first court appointment in July 2008 - we were again asked for new property valuations.

You canot fabricate what someone is earning. Your wifes earning capacity (and future expectation of earning capacity) can be considered by a judge, so if you feel that your ex is giving up her job delibertately; you can say she has the capacity to earn X amount. (Form E will ask for the last few years proof of income)

Hi Really fed up

Sounds like a night mare.Can't offer any legal advice.But would say if you have spent £25k already on solicitors fees you will have to see this through to the end.If your husband has been this obtrusive about his earnings and the over spending I would presume that a judge would take a fairly dim view and that you should push for 100% equity from the house as I would point out that his current behaviour is obviously irresponsible and would point to the fact that he doesn't have any intention of providing for anyone but himself in the future.
Get the max payout you can now.
The Bentley half the value at least must be up for grabs.
good luck you have no option but to push on through until the end.
all the best
Pete xx

ReallyFedUp wrote:
Unless anyone thinks we can get back pay towards legal fees?
Your solicitors will have probably filed the correct Form which illustrates your Ancillary relief Costs to date. (Can't remember which Form this is?) And they can request the judge consider a Costs award. Usually - each party pays their own, but if he is allowing proceedings to become protracted; then a judge COULD consider a Costs award.

You could also ask the judge up front for monies to cover your legal fees if this would help.

Hi Thanks for your replies.

What do you think the court would consider as dragging their feet. It took 6 months for him to complete Form E, He was 2 weeks late doing replies after 1st FDR which stopped the MPS cause which was adjourned until Oct 8.

Then at the 2nd FDR after 5 hours the DJ had to adjourne this hearing until Jan and the MPS hearing until mid Dec as both Form E and replies had a major error with regard to his earnings.
I started the divorce in Sept 07.

STBX submitted 2 lever arch files of documentation for his replies mostly financial blup that you cannot understand from investment companies (You know the type).

Sorry just really worried about costs as if this goes to the final hearing costs will be £45,000.

Although I may get most of the house. This would have to be sold and in the area that I live you could not buy a house with the proceeds nor could I realistically move to cheaper place as I already have a 80mile a day school run which will be even longer when the 3rd child starts school next year as ex will not pay for her to attend same school as her siblings which will mean different school holidays and logistical nightmare if I worked!