Need legal advice to help a friend.

[Lancet Fluke]

She just needs to get herself a decent family lawyer, it's as simple as that really. In one consultation she will find out more or less where she stands. Lots of firms will offer a free initial 30 minute consultation just to establish what she should do.

She's got a lawyer. The lawyer says this bloke is hiding his money and assets and claiming he's skint. There's nothing she can do unless she pays 5k to force him to disclose all his financial transactions. He knows she can't afford that.

Why will it cost 5k to get him to disclose his financial transactions? I was under the impression that divorcing couples had a legal requirement to disclose all assets and if they don't or if they falsify things then it is contempt of court. If he has a very well paid job then he will surely have to justify his financial situation to the courts and won't be as easy as just shifting money and saying he has nothing? A decent family lawyer should be used to dealing with someone trying to hide his assets and saying she has to pay 5k (presumably upfront) to deal with it sounds odd to me. Maybe she should go to see a different lawyer, explain the whole thing and get a second opinion.

 

[chris85mcfc]

A woman I know is having the piss taken out of her by her ex. He has a very well paying job and they had a very comfortable life. He has fucked off though with another woman and says he's not going to pay their mortgage and wants her to sell the house. She can't afford to pay the mortgage but if she sells it, she walks away with virtually nothing. He's admitted adultery already. Is she not entitled to anything more? I don't like seeing gold-diggers screwing blokes over but this just seems wrong.

I have seen blokes on their arse when they've been catapulted from their homes by unfaithful partners and then get double whammied financially.

She deserves half of what they are worth and if that half doesn't amount to much then that is exactly what she's entitled to.

Good luck to her anyway.

They bought the house when the market was at it's strongest, just before the downturn. The equity is probably not even 20k. Her solicitors fees already run into thousands. She'll basically walk away with nothing.

Without sounding harsh 2sheikhs, is that not just the way the cookie crumbles in relationships? When she was with him im sure she didn't mind giving him all those lifts to work because clearly she loved him, only now that they have split up does it come up as a choir that she had to go through.

I think sometimes you have to be really careful what you agree to financially these days as some things can come back to bite you on the backside, im guesing that this car was bought in her name? I love my Mrs to bits but until were married im not putting anything in my name, i had a slight hick up when i was younger when i put my ex's phone bill in my name because she wasnt 18, we split up about a year later and she cancelled her DD and i was left having to foot the bill.

 

[chrishull]

Need legal advice...

She's got a lawyer.

... Problem solved.

 

[denislawsbackheel]

wrong, if they have been together over 5 years as a couple, they are classed as common-law. it doesnt carry much legality wide, but allows her some grounds to claim for selling the property

<a class="postlink" href="http://www.adviceguide.org.uk/england/relationships_e/relationships_living_together_marriage_and_civil_partnership_e/living_together_and_marriage_legal_differences.htm" onclick="window.open(this.href);return false;">http://www.adviceguide.org.uk/england/r ... rences.htm</a>

Utter crap!

Common law has no legal bearing in the uk whatsoever.

Even your bloody link says so!

He is entitled to half at least.
If there are no kids she must either pay him off or sell the house to give him his share.

did you read my newer post or just jump in.

i corrected my original statement ;)

It was so irrelevant it should have been deleted.
Too many people think common law has legal status in the UK without half arsed attempts to back it up with unresearched links further misinforming them.

 

[BoyBlue_1985]

Utter crap!

Common law has no legal bearing in the uk whatsoever.

Even your bloody link says so!

He is entitled to half at least.
If there are no kids she must either pay him off or sell the house to give him his share.

did you read my newer post or just jump in.

i corrected my original statement ;)

It was so irrelevant it should have been deleted.
Too many people think common law has legal status in the UK without half arsed attempts to back it up with unresearched links further misinforming them.

You aint half got the hump about something he has apologised for and actually has no relevance to this thread any more as she was married to him

 

[2sheikhs]

Need legal advice...

She's got a lawyer.

... Problem solved.

He's given her poor advice so far but she can't pay him and switch solicitors and start again.

 

[dazdon]

What does she want?

He wants to ditch the house and I am thinking she doesn't?

 

[Lancet Fluke]

You should start this thread on mumsnet, I suspect they will know exactly what she is entitled to on there.

 

[The Flash]

She just needs to get herself a decent family lawyer, it's as simple as that really. In one consultation she will find out more or less where she stands. Lots of firms will offer a free initial 30 minute consultation just to establish what she should do.

She's got a lawyer. The lawyer says this bloke is hiding his money and assets and claiming he's skint. There's nothing she can do unless she pays 5k to force him to disclose all his financial transactions. He knows she can't afford that.

She's entitled to 50% of his pension that he earns/earned up to the point they get divorced.
If his name isn't on the HP agreement for the car, then she's fucked.
With the house, well, she'll probably need to sell.
He sounds like a proper **** and he has well and truly left her in the shit.

 

[Pelly Greeny]

Why does anyone bother asking for legal advice on here?

It always ends up with arguments about whats legal and what's not between people that generally have no idea what they're on about!

Go to the CAB or a solictor - or just sit and trawl through the pub trained lawyers and 'what I think it should be' barristers who practice on here.