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Divorce, hidden assets and suspected fraud – what can you do?

When financial cases are bitterly contested, there can be allegations of non- disclosure, divorce hidden assets, and suspected fraud. 

If one party has managed the family finances, the other may know little about their overall financial circumstances. With that additional knowledge about their finances, it’s not uncommon for the person who has managed the household finances to plan for a divorce by adjusting and offloading assets to deliberately produce a more modest balance sheet and make a financial disclosure that is less than expected.

Divorce hidden assets

If you suspect your ex-partner hasn’t been honest about divorce finances, or you believe they may have hidden assets, what can you do?

Expectations about divorce finances can be unrealistic, especially if you haven’t been close to the household finances. And emotions can cloud judgement.  However, often suspicions are well-placed. Proving them is another matter. What if the evidence rests in another solicitor’s files – is it possible to obtain the crucial file?

Consider the following as an example. A spouse wants to add to his portfolio of assets, which will be divided in the event of a divorce. They don’t want to miss out on a great opportunity, but they also don’t want their soon-to-be ex-spouse to benefit from it. They make the decision to have a nominee acquire the asset on their behalf. It’s possible for this designated representative to be a friend, a business, or even an offshore trust. They make clear directions to commercial solicitors regarding how the transaction is to go through, indicating that only they will ultimately gain from it. The asset is properly purchased after the nominee also hires solicitors. All parties involved in this situation are fully aware who the sole beneficiary is.

However, these actions will minimise the ex-partner’s claims against them. This is fraud.

Fraud in divorce

If it ever came to light, the couple’s marital settlement could be set aside, and the husband could be prosecuted for perjury. There is an ongoing duty of full and frank disclosure in divorce financial cases in family law until a court order is made. A transaction such as this example, must therefore be disclosed, with the court and the other spouse made aware of the position. In our hypothetical case, the other party guesses what is going on but can’t be sure. They tell their solicitors that her former-spouse’s commercial solicitors are Firm X, and that the third party is a friend, and their solicitors are Firm Y.

Can the court order disclosure of the relevant files held by Firms X and Y on behalf of their clients? The answer is that on application, the court can “join” third parties such as the friend, into the proceedings but this is very risky as nothing may come of it and they may end up paying the friend’s legal bill. The court having joined the friend may also order disclosure of parts – but not all – of the relevant files of Firm X and Firm Y.

The problem is the rule of legal professional privilege which is regarded as sacrosanct. One form of this rule, known as legal advice privilege, applies to all communications between client and solicitor for the purposes of obtaining or giving legal advice. It exists for the client’s benefit. The courts preserve the right of a client to take legal advice free from outside scrutiny. Because of this, all instructions and advice remain strictly confidential.

There is one exception when privilege does not apply. In the case of fraud, the examination of a solicitor’s file would be ordered if the fraud came to light. The court could conclude that the case, which is founded on suspicion, lacks solid grounds and is not strong enough to merit the waiving of legal professional privilege.

This may seem unfair. How could a suspicious partner prove fraud has occurred without access to the file? Equally how could they gain access to the file without first proving a fraud?

Making an allegation of fraud is a serious matter; an incorrect accusation could mean that the party claiming that fraudulent activity has happened would have had to pay all the legal costs involved, as well as damages for any losses suffered.

However, do bear in mind that solicitors are Officers of the Court, and they cannot mislead the court and present a financial picture of a client, that they know to be false. If the client tries to pull a fraudulent stunt through the commercial department of his family law solicitors, their professional obligations to the court would prevent this happening and they could not continue to act in the family law proceedings if their client refused to tell the truth.

Useful links:

Hidden financial assets in divorce

How does financial disclosure work in divorce?

Cryptocurrency and Divorce

The blog team at Stowe is a group of writers based across our family law offices who share their advice on the wellbeing and emotional aspects of divorce or separation from personal experience. As well as pieces from our family law solicitors, guest contributors also regularly contribute to share their knowledge.

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Comments(161)

  1. Ann Marie says:

    I love what you do here. This information proves invaluable to so many people and I’m sure you are making a big difference for many. I work for firstwivesworld, it is an online community of support and help for women navigating through the various stages of divorce and life thereafter. I think that with sites like yours and ours, we are making very big steps in helping people get through this very difficult and trying time in their lives. Together we are collectively removing the stigma from divorce. You’re fantastic!

    Just my two cents

    Ann Marie

    • D says:

      I have read your document but it did not help me. I have nothing now, my ex has retires early and I have been forced to except retirement funds leaving me nearly homeless. I feel bullied into making decisions throughout years of court and my ex not adhering to the consent order. I have no where to go, I am so low and alone now and ill. I want my story heard, my ex fraudulently signed my name on our mortgage, I was told it would waste time looking into, I tried to ask for help even from ombudsman to do with my first lawyer.. We have met many years ago to do with my then husbands illegitimate child. I was made to sign something in DEC 2015. and now I have nothing until I get the pension,, I am ill and do not know what to do other than sell my story.

      • Lee says:

        I’m sorry you feel so sad and alone. You might try ssi disability. Or ssi if you were married 10 years you can collect his. There are many shelters and woman’s place around that will help. Shelter clothes get you job ready apt. I no its hard but in the long run your confidence and spirit will come back. Lots of prayer for guidance.

        • gerald says:

          What a lowly awfull responce or reply to someone that just was fraudulently victimized and sent down the road, after doing what was right in the eyes of marriage and everything HOLY..! People need People, and those People to be proactive in thier stand for justice for one another! I pray for you, awful response/reply person, that your eyes will someday open and your heart return to flesh. There are tons of attorneys out there that are Pro Bono and do things on a contingency basis for the war on fraudulent people, who are fraudulently putting up other peoples property, to defraud the government and thier hard working spouses to maliciously line thier selfish, greedy, lazy, pockets with the equity that thier hard working spouses have built up for (both) of them.

          • Linda Risner says:

            I totally agree with you. I am in quite a bind myself. I cannot work and disabled. Married but 15 years and I was prior owner of property since 1975. He took all. I had no mortgage. My Attorney threw me to the side. He took mortgages out on the property, my severance check missing, retirement, stocks and all subpoenas denied by the judge. I am condemned become because I am disabled. I cannot find a legal malpractice attorney. Living on barely nothing. Going to a shelter is absurd, rediculous. I live the law there is help for abuse and exploitation of finance. There is no help but to live our means. Even if it causes death, we are just another number.

          • Sarah says:

            I couldn’t have said it better. Was that comment for real.

          • jody says:

            Exactly I couldn’t have said it better. I’m in need of help for sure.

      • KB says:

        OMG, I truly thought and, and was embarrassed to admit, I was the only one out there, that I let this happen to me because I trusted and had faith in
        Someone that set me up right from day one, and used me to ultimately make his fortune and upon his passing left me financially anhilated! For the last 10 years I’ve been on disability and been homeless several times! Was there something I could have done or maybe something I could still do. My story is extensive and has been mentally crippling. I still cannot believe where I am after working a good 20years with this man building what I thought was our future, only to have it sucked away from me.

      • DONNA says:

        OMG..That is my story..and I feel like dying,,but will not..my ex signed me on our mortgage,, I never signed anything in front of his secretary at all. It was devastating, my lawyer was more concerned on divorcing me even though I begged

    • D says:

      I have read so many stories on this site,,how sad not even you can give any sound help and advice for women abused by the worst kind, the clever and wealthy with more to loose. How sad you DO NOT RECOGNISE the devastation and post traumatic stress related to these intense involved divorces. How can a loving wife who without knowledge gave her life for her man and family cope with the aftermath of even worse people abusing her innocence. The system stinks when a women shows pictures of abuse and then told not to involve the police because of his job ????????? you tell me Marylin..where do we go ???????I can not get on with my life now thanks to the sysytem you work for,, the law in this country is so wrong when a lawyer is more concerned with his pay off than the well being of his client,, I was told not to involve the police?? answer that sweet heart.

      • C says:

        I can share that my story matches up to most on here. Mist it amazing that you can be with someone through cancer caretaker, he gets in remission and decides he wants a new wife to abuse. He emptied my bank account while I was in the hospital and bought plane tickets, hotels, misselanious items. Then he wouldn’t take me home 2.5 hours away because he was too busy stealing money from me and having a great time.
        I came out penniless. I tried to talk to him…more abuse. Then while I filed for divorce, during our separation he had a crew come in and remove all items of significant valued memorabilia we had collected over the years. He hid it in a private storage unit and I never received one dollar out of these double thefts while I was extremely mentally ill.
        Anyone have a great shark of an attorney in Georgia?

    • MD says:

      At present getting separated and I suspect he’s lifted pensions also he’s been doing company searches what happens if he’s guilty

    • John Terry says:

      What made it disgusting was the day of my operation for cancer she was transferring thousands out my accounts plus claiming as a single mother .taking out loans also getting credit cards in my name and more she wanted for nothing and she did it all on line banking even when I went to the bank and lifted money for her then when my savings account was empty she wanted a divorce even after stealing nearly £200000 from my savings account I feel so stupid that I never noticed but the bank was not update ing my book I told the bank and they did nothing even when I proved it but I will not give up till they do something and it’s been 5 years and I’ll not stop till I prove it was not me .20 years and 4 kids greed went to her head but he shell never get my down her and her dad I feel sorry for her

  2. rechtsanwalt schweiz says:

    Thanks for your information, i found your post very helpful.

  3. sarahward says:

    I am aware that a solicitor (who is being divorced by his wife) has failed to make full disclosure to the court in his form E. The wife has found evidence of the husband’s extensive non disclosure (investment shareholdings, directorships, bank accounts, shareholdings in family businesses on public records but belives there is more still hidden). Her solicitor says there is nothing my friend can do until the full trial. This seems really unfair as my firned can not afford to take the matter to full trial. Is there any steps she can take? She is very fed up with her present solicitors

  4. Marilyn Stowe says:

    Without doubt this requires clarification by your friends’s solicitor, and if necessary by someone more senior in the firm. She could also change solicitors if she is still dissatisfied.
    On the assumption this case has passed through the previous stages (where it is possible to include this information into a questionnaire and seek replies) and is now listed for a final hearing, what would I do?
    As for the information that she has obtained, I would evaluate and explain the information and consider with her whether it is likely to make a proportionate difference to the outcome. Sometimes information is out of date, sometimes it is relatively minimal, and will not alter the settlement.
    If it would and the breach of disclosure is serious, the case needs to be brought back to court straight away in advance of a hearing. There would be disclosure of the material she has obtained, a questionnaire for the court to order the solicitor to answer, and documents for him to provide. There would be a wasted costs order to consider against him and that he has perjured himself by failing to disclose the information.
    I would also disclose this information to the other side even if it appears to be of little value and seek explanations and his valuations because something may come of it.
    I would not leave it until the final hearing because your friend could be criticised by the court, for failing to make disclosure and seeking explanations, when she had it in advance of the hearing.

    • anon says:

      what if your husband went to every solicitor and got his free half hour so as his wife couldn’t defend her corner and aid his hiding of assests and also frabricated ,stories, deployed his best friends to set up a rouse for his wife and got the family to disguise his behaviour pretending he was working false accounting swapping his sim cards with his friends as to be undetectable and avoid prosecution for abh and tax evasion .hacking her bank account to transfer her miniscual funds as to fund his illegle goings on . Having police records tampered with as so he evades prosecution .fraudulently claims money on an address he doesn’t even live at .has young girls ring his wife at late hours of the night saying how they are sleeping with him has his children lie in statements to police so he can benefit from it. refuse to allow his wife to go to court to claim what is justly hers pays off officials and solicitors so it benefits him . I would say this is corruption on a major scale what would you do then .had his wife s places of employment bugged and accussed her of not going to work when she was slogging her guts out to provide for her children while he sat in bed pretending to be dying and then going to the pub and getting back before she arrived home so as she would think he had been there all day dying .when in fact he was getting drunk .making up that he had no money when infact it was subsadising his addictions. even involving the doctors in his cover up .is this not enough evidence for prosecution and abuse of the legal system . Any solicitors that would rather take a back hander in a abuse case should not be able to practice this is so corrupt and denies any woman in similar situations fair and reasonable defence it is not a mans world us women will stop this behaviour to other women .

      • Richard Nixon says:

        Failure to disclose on a form E is fraud under section 3 of the Fraud Act 2006 which can be reported to police for a criminal investigation

        • Alice says:

          I hope u r still on this site, can u tell me more about this? Cause I was not suggested by my lawyer and my ex did not disclose what he should be on the fore E, as well as refuse to provide bank statements, we r stuck here

          • Angela Morgan says:

            Absolutely cant believe other people are going through the same thing I divorced a police officer he ripped me off and our children our solicitor signed papers without me knowing I am in rented after having to remortgage my daughter and myself are quite low right now just want my family home back

  5. Anna says:

    If one party claims not to be ‘cohabiting’ but living as a tenant but as soon as an ‘Agreement’ has been reached purchases a property with the cohabitee can the other party then prove that the claim not be cohabiting is a lie and the ‘Agreement’ be set aside? How can we find out when the purchase was initiated i.e. if the mortgage was applied for before the ‘Agreement’ was reached is this grounds for the resulting Consent Order to be set aside?

  6. jt says:

    What happens when you discover that the ex, who previously declared they got nothing on the death of their remaining parent, actually received over 50k and failed to declare it at the divorce.

    The other party has paid them a monthly amount for years when all along they had this money – surely this is fraud and we have a recourse in the court

  7. Marilyn Stowe says:

    You can apply to have the settlement order set aside and the case reconsidered in light of the fresh evidence.
    It isn’t easy and you need very good legal advice on the pros and cons involved.

    • Jeanette Brandt says:

      You comment that this evidence can be presented to the court. What process do I take to accomplish this. Is there a time limit as to how long you have that you hehcan prove fraud after a divorce .

  8. Abbie says:

    I was wondering if you could help with a pointer on the following. A good few years ago a husband fraudulently remortgaged a family home by forging the signature of the wife and witness, never attended court and avoided all legal proceedings, leaving the wife to declare bankruptcy and her and the 3 children to lose their home. In court the bank argued that it was ‘her duty as his wife to know what he was doing’ and used an example (circa.1990) of a legal case where this had previously been argued successfully. I am trying to find the name of this case and whether it has been rejected in any subsequent cases? Any help would be very welcome! Thank you.

  9. Churchill says:

    Hi Marilyn,

    looking at the other side of the finances issue from hidden assets – what consequences are there for the spouse who, in a two year period between separation and FDR has spent at a rate far in excess of that when the couple were together? Surely the assets are to be looked after as far as reasonably possible before there is an agreement on how assets are to be split. This presumably relates to cash in the bank as much as to bricks and mortar value of a FHM?
    What makes the case I’m speaking about so acute is that the account from which the majority of this profligacy occurred was not mentioned in the Form E, only in response to a subsequent questionnaire. So there was an attempt to hide the spending, which was wrong in itself I assume and made worse by the detail of the spending.
    What, if anything, can the Judge do to re-balance the starting point before assets are divided? Are there any cases (my uneducated attempts to find any have failed miserably) you could point me towards for some guidance?
    Thanks again.

  10. Rachel says:

    Churchill

    At the final hearing in my case the judge considered the purchase of a £72k Porsche a few weeks after the separation as profligate and put the full value back in the marital’pot’. It had depreciated by about £25k in 18 months. There is case law to support this kind of argument.

  11. Marilyn Stowe says:

    Churchill and Rachel
    Yes I agree. The court will most likely ‘add back’ the sum involved into the pot.
    This happened in one of our cases where a wife gifted £350k to the children of her first marriage during the separation period from my client. It was added back into the asset pot as though it still existed on her side of the balance sheet. My client then received credit for it.
    Regards
    Marilyn
    PS I’ve changed the facts of the case to disguise the client’s identity but you will get the picture.

  12. Wanda says:

    Dear Marilyn:
    I am in mediation with a man who has been deceptive too many times to count. I realize that this should be done in court, but I want to end this soon for children and me.
    He had two omissions on the statement of net worth, which was certified bt attny for court That totaled $1,700,000.
    Knowing this I have given him an amt for me to settle. Not a huge number. 1/3 of his salary. And 1/5 of equitable dist.

    He cannot do it. He has no fear of the court, and frankly I see why i am surprised that it has no punitive measures in court for financial deceptionists in divorce O

    Shouldn’t there be an award to the spouse who has to deal?
    Lying on networh fines? What’s the point of not trying if no body gets spanked?

  13. Anonymous says:

    Hi Marilyn,
    I am recently divorced after what has been an absolute horrendous divore battle that cost me £100k! Just to give you an idea…my ex husband transferred £607k of our money to his mother 2 weeks after we separated and after taking him to court I lost. Apparently his mother loaned him the money and he repaid it even though the documentation for it was not signed until after we separated! He then resigned as director from 5 companies…(he is still the director of 3) resigned from 2 family trust companies which is worth several million giving it all to his brother and his family. Had 2 medical reports done to say that he was so stressed from the family business that he can’t work and so I do not get any maintenace for my 2 children. He did not produce to my legal team both our Spanish bank accounts or our 2 children’s bank accounts. It only came to light during the divorce that he was investing in my name without me having an knowledge….I will never find out exactly what? He seems to think that he is above the law and because he has been allowed to act this way…bullyish…he has now reneged on the divorce agreement by paying off our children’s school fees which should have been paid into a joint bank acct and the decision made by us both. I told my legal team and indeed the forensic accountant involved that he had offshore accounts and noone listened to me….they had no interest at all. Since the divorce I have found out the name of the company offshore and have a solicitor involved. After spending a silly amount already I’m naturally scared to go down this road again…I have 2 kids to bring up with no income at all. I have not worked for 15 years. When I began my divorce I had faith in our legal system but not anymore the current system is a total sham…there should be high penalties for non disclosure so greedy and controlling people think twice before they lie. As it is right now you can hide your assets so easy so wives like myself whose husbands are wealthy have no chance finding out the truth.

  14. Sheila says:

    I divorced 8 years ago. My husband did not fully disclose his assets – he had a bank account with money in it that he had saved during our marriage. I will have proof shortly that his mother left money in her will which he did not share with me. Is this sufficient evidence to warrant an investigation of his finances.

    • Marilyn Stowe says:

      Sheila
      I dont want to give false hope to any readers in such a position. Trying to set aside a court order after such a long period as 8 years is a mammoth, hugely expensive task, if it is not near on impossible, unless it can be conclusively proved that there was a fraudulent concealement of substantial assets that would have made a real difference to the overall settlement.The court will only order full disclosure if they set aside the original order and to do so there has to be very strong evidential grounds and not simply a request for a fishing expedition based on supposition. I would also caution anyone in that position very strongly against taking any steps to prove fraud that could leave them at the wrong end of the law. It is not worth it. Sometimes, however unfair it may seem, it is better to let sleeping dogs lie, move on with life and concentrate on the future. That is my general advice.
      However, Sheila I am not your lawyer, I dont know all the facts and figures or whether you have other options apart from set aside, under the original order eg if your claims were not fully closed off, and so for an opinion about the strength of your own legal position on which you can then personally rely, you must take your own legal advice.
      Best wishes
      Marilyn

      • sandra says:

        why oh why do solicitors keep on saying: just let it go, move on with your life. we all know that law is by no mean justice ( it is who has the most to spend on a shrewd lawyer), at least spear the condescendence and patronising of that “better to move on with your life”. I get it that it is not of interest to many, but what it means to that person that has lost all her life work and savings to a low life that the law always seems to cover his backside and get away with everything else.
        guess with 350+vat per hrs somebody sleeps well and comfortably at night.

        • Beverley says:

          Hi Sandra
          I know you won’t want to hear it, but I think the lawyers advice is correct. I am in the process of divorcing a fraudster myself and for months I have been trying to work out what to do about his lies and deception and for the first time it is clear to me from the comments on this website as well as the advice given by Stowe that yes it is difficult to move on with your life and leave it alone, but today is the first day that I have come to realise that the legal system does not punish these fraudsters enough and often their hidden assets cannot be located. My fraudster husband even told me he would prefer to do a spell in prison, so that shows his determination to keep everything concealed. He is also very careful about continuing his pretence that he is homeless, so cannot be found. And I think that some of us have to let our faith and common sense take over because we cannot spend the rest of our lives and all our money going through a system that will never help us or restore our wealth. Remember that you are the winner and they will always be the loser. Keep praying, trusting and believing.
          Beverley

          • Sharna says:

            How can you be the winner. When you are in bed and breakfast hostels with your children, while your wealthy ex husband has hidden all assets and you lose the
            Family home. Words and faith are no comfort then. The whole legal process is soul destroying and it’s almost always women who come off worse. But having faith will get you through. I don’t think so.

        • Carol B says:

          Absolutely agree. Solicitors have no idea what it is like to suffer financial hardship. I have a family member who is one and says they don’t go home worrying about your case, you are just a number to them. I lost everything in divorce due to a negligent lawyer who was out of her depth, and I’ve never recovered what I lost. After losing my home to legal fees, I now live in rental accomodation after 30 years of hard work. How could they ever understand how that feels. To be told to move on is pathetic. If only it was that easy.

  15. janice says:

    i have been separated 3 years going for divorce my husband lives in spain but has a bank account in england the past 6 years. he does not pay me maintenance and he is telling me he closed the bank account last year but he goes to england same time every year to put a large amount into the account which his father gives him( for rainy day am i entitled to share of this

  16. Marilyn Stowe says:

    Hi Janice
    All assets in a divorce are up for sharing.
    Regards
    Marilyn

  17. Betsy Balboni says:

    Can you please tell me how I can investigate my ex-husband’s assets abroad? I know he is hiding stacks of money here and is travelling to Italy on the pretence of business to sort himself out. Please help, after 3 years of seperation, I am in constant difficulty to make ends meet with my 6 year old!

  18. Linda says:

    Dear Marilyn
    I simply do not know which way to turn! Before attending court for our final divorce hearing I had informed my solicitor that I had uncovered pensions that my husband failed to disclose. To be blunt my solicitor was negligent and failed to support my written evidence. I was NOT awarded a share of my husbands pensions. One year later, I receive an e-mail advising me that my husbands solicitor admits to making errors completing his form E and subsequent questions there-after regarding these pensions! I would very much appreciate some advice as to where I go from here, as I have lost complete faith and I don’t know which way to turn!

  19. David says:

    Thank you for this article. very informative.
    a big thank you to firstwives world site for revealing all the tricks and fun and games to women and men of children who are caught in fire of divorce.

    did not think about what the websites information would do to any divorce case. very insightful !!!

  20. alisha says:

    when a financial order in the interest of the wife places an asset in trust of “wife and husband” and this asset is passed across upon the sale and on the basis of a decree absolute. what happens when a spouse dies and a decree absolute has not been granted. does the financial order asset in t rust fall part of the estate or not.

  21. Amanda says:

    I think that if you can do all the investigating yourself, and bring a file of relevant information to the table, then for just the cost of the application to court it is always worth it. Just be sure that there is proof of conduct. It really is that simple, and make sure that you dot every (i) and cross every (t). It may be a good idea to approach a solicitor for the hearing, who in turn will help to present you with a suitable barrister.
    I would also prepare most of the bundle for the barrister yourself, as the fees charged by solicitors is remarkable.

  22. Ru says:

    So what happen when a spouse has been selling off marital assets during a period of separation and when divorce proceedings, in particular an asset which was listed in the particulars of a marital home jointly purchased. Also when the spouse has admitted that allegations in a witness statement used to obtain injunctions was false and never happened, then breaches an injunction. Threatens disposal of personal property with the assistance of a solicitor and the solicitors for the spouse admit breaching the Data Protection Act and there are other concern of misconduct such as misrepresentation and discrimination?

  23. merlyn says:

    I applied form A for SM for me to UK court and paid 240 pounds fee. I received Form E to be completed now. As we are not living in UK and I am not UK citizen even don’t have visa to attend court hearing. I called to court and send them request for telephone hearing. But not reply still. Please tell me what is my chance after 3 years childless short marriage? We don’t have joint account as well house together. He is getting 8 times more salary than me. Is there any kind of court hearing for people who is outside of UK and can’t come to court hearing and can’t afford to buy ticket? Or there is no chance at all. Thanks

    • Marilyn Stowe says:

      Dear Merlyn
      You can apply for a financial settlement here, and the court can make orders to deal with your inability to travel to the court.
      Regards
      Marilyn

  24. Kim says:

    I am after some advice. My husband left me at seven monhs pregnant after having an affair with a joint friend. I had some savings of about 18k I paid off a loan and then had the house redecorated in my room, my nursery, spare room and kitchen. I bought new things so everything was knew to me bedding, furnishings etc. My ex froze the joint account a few months later and didn’t pay me a penny so I lived off the rest of my savings (I took a whole year mat leave not getting any money for 6 monhs and have incurred about 6k solictors fees which also came out of my savings. My ex is now insisent that I have hidden money and is applying to the courts to get various friends bank accounts looked into. I’m not worried as they won’t find anything however one of my friends is very well off (rents out various houses). I’m just worried how some of them will take their accounts being inspected as it’s very personal. What is the likely hood this will happen? I have even offered that the money, take away what he should have paid me in CSA and half solicitors fees, go back into the pot even though it’s gone. But he’s not having any of it and likes being awkward for the sake of it. It took me nearly a year to get him served with the divorce papers as he wouldn’t sign anything then I had to pay for them to be served which he avoided for weeks and the ripped them up when he was finally served. Under what circumstances would the court agree to various friends bank accounts being looked into? Would this be agreed to just upon speculation from my ex partner? Would I be informed so I could tell them first so it wouldn’t be a shock?

  25. Sue says:

    Dear Marilyn,

    In two weeks time I have my first hearing. Looking at my ex husbands form E there are various anomalies.

    We are both retired and each receives our respective State Pensions supplemented by Pension Credit Guarantee. I have in addition some DLA, and my ex continues to claim carer’s allowance for me although we have not lived together for two years. Inspite of this, my ex still has more monthly income than I do.

    He rents a luxioury 2 double bed 2 bath flat, paid for by housing benefit. I remain in the family home trying to keep up with the mortgage as he refuses to contribute.

    Firstly, I can see that he is claiming monthly expenses far in excess of what he is actually spending according to his bank statements. He has around £1000 each month of excess income when he is claiming £200 – £300 left over.

    He also previously claimed to his solicitor that he had no savings/premium bonds but after I put evidence forward that he had, he has now produced a statement showing some £13,000. He has £12,000 currently in his current account.

    He has only put forward 9 months of bank statements instead of 12, and I can see during four of those months that he has taken out £2500 on one occasion and £2000 on three others making a total of £8500 being paid?? Does this look like an undisclosed bank account.

    It now appears that he has some decent savings of £33,000. I have none save a small running total in my current account.

    He has refused to contribute towards considerable maintenance on the family home. He left the family home after a non molestation order was placed against him whilst I was in hospital after another violent attack, taking with him all of the family furniture other than a bed and an arm chair.

    On his form E, he is not claiming that he needs money to re-house himself. I, on the other hand require a small bungalow that will have to be adapted somewhat (wheelchair accessible etc.)

    There is only roughly £120000 equity in the property. He is insisting that he takes 50% of the house and keeps his savings.

    I have two questions:(1) In light of the anomalies in his form E, how will the court look at this – his claims that he spends more than he does, plus the question of where did the £8500 go?

    (2) I think that if you add together his total savings of around £33,000 plus the equity of £120,000, this makes £153,000.

    In view of the fact that he gets more income than me, can save around £10,000 per year, has no need of alternative accommodation, how is the court likely to split the assets?

    I have asked for a 70/30 split to enable me to purchase the most basic of bungalow’s in the area but he will not negotiate at all and insists upon going into court. He refused mediation even though I was willing but didn’t have to because of the DV.

    My solicitor is on sick leave at the moment and unlikely to be back in time for the court hearing. I am going to have to be represented by a junior from the firm who’s only expertise is in Housing, not Family law and am rather worried as to the outcome.

    He has a very experience solicitor acting for him and I am afraid that they will run rings around mine.

    Grateful for any advice or reasurrance that you can offer.

    • Marilyn Stowe says:

      Dear Sue
      I was amazed to read your e mail. You have experienced DV and retained solicitors and are writing to me for advice? If your solicitor is on sick leave, then another solicitor in the firm who is equally competent should be advising you. You should not be relegated to someone who deals with other matters. You must immediately contact the senior partner of the firm and set out your concerns. If they can’t help, then change solicitors and instruct someone who will advise you fully and represent you in court.
      Regards
      Marilyn

  26. Chris says:

    hello,
    I got divorced in 2009 from my wife, she did not disclose a critical illness claim of £50,000 which I have only just found out.
    My ex wife became ill with cancer when we were separated, at the time a critical illness claim did not cross my mind.
    What I`m asking is What can I do ?

  27. Alberto says:

    My mother is divorcing my father she lives in the UK he is resident in Spain (although a UK passport holder).She believes he has a bank account in Andorra with hidden savings.Can the court search Spanish records for the balance of this or any other accounts he may hold?

  28. Robert says:

    I am currently divorcing my wife and she is refusing to provide bank statements for an account that she has recently closed. I know this account had a substantial amout of our savings in it. Her solicitor is refusing to acknowledege my solitors requests for this information. I also know about 3 other accounts that she has failed to disclose. Should her solicitor have advised her that she must disclose these accounts even if she has just closed them?

    • Marilyn Stowe says:

      Dear Robert
      Your wife must disclose in her Form E “All personal bank building society and National Savings Accounts that you hold or have held at any time in the last twelve months and which are or were either in your own name or in which you have or have had any interest. This applies whether any such account is in credit or in debit.”
      If you aren’t obtaining disclosure via the completion of Forms E and proceeding through the court process I suggest you give consideration to this. Voluntary disclosure is not a route that I would normally advise for the very reason you outline above.
      Regards
      Marilyn

  29. Jayne says:

    Hi, I got divorced 2yrs ago and have found out that my ex withheld £25k in share options from their formE, this was from the sale of company shares, they were paid after we attented mediation but before the divorce, I have documentation that shows that ex was aware of the money before mediation.
    My questions are, on an amount such as this, how difficult would it be to have the non disclosed amounts included in our settlement?
    Would the whole settlement need to be revisited,
    Could I apply for costs???? Thank you in advance

    • Marilyn Stowe says:

      Dear Jayne
      This shows that mediation has major pitfalls. I also don’t know where you are with your settlement. What financial information has he given to the court – he must do so in order to obtain a court order and he must tell the truth or run the risk of prosecution. Have you actually got a court order yet or not? Has the settlement been implemented? What impact would £25k have on the overall settlement?
      There are a lot of questions to answer here so my advice would be see a lawyer, and take your own personal advice.
      Regards
      Marilyn

  30. David McMurray says:

    Hi I seem to be the opposite from most of the people on here as I am a man that has just been served a court action for divorce by my wife. But because I new I had a problem with gambling I let my wife have all bank cards, credit cards, accounts ect. She has listed several accounts that I knew about including two joint accounts, but know for definite she had an RBS account in her own name and suspect she had 3 ING accounts one of which she has declared in divorce settlement. I was wondering if this would be a useful tool in the hearing against her, but how do I go about finding how many accounts she had cause I have no records.

  31. Joanne says:

    I have recently noticed that my ex husband didn’t disclose bank statements for a offshore bank account at are divorce settlement , I’m due in court next month for unpaid support this information will be disclosed on the day , I feel like suing my solicitor who dealt with my divorce . As this bank account evidence came from me not him and should have been passed on to my ex’s solicitor . Who in fact sold my ex husbands solicitors company to my solicitors , my advice to anyone is look at your case file your solicitor has in he’s safe keeping , you never know what information you wasn’t aware of at the time , obviously your head is a shed when your been dragged through the mud and just want the situation to end .

  32. Stephen says:

    I was coerced into signing a divorce consent order May 2009 on the basis that it would be final within 6 months and that if I contested it it would cost me more legal expenses, whilst I was (later diagnosed) suffering from C-PTSD, severe dissociation and clinical depression.
    In 2011 as a result of an employment tribunal I was declared mentally disabled under the DDA. My treatment stopped in this year due to the on-going involvement with my abusing ex wife who refused to carry out the consent order and continued to be in breach of it since.
    By keeping away this year I have made some recovery and discovered evidence of perjury, theft of postal mail, fraud, perverting the course of justice by destroying photographic evidence relating to my trauma, and finally in her recent financial claims against me, found them mainly to be fraudulent and theft of assets. As an example in her Form E she had replaced 6 months of the joint accounts with my personal accounts thus hiding more than £54k.
    I have reported the matter to the police who are investigating my ex wife under section 20 GBH, theft from my Barclaycard since the consent order, and other matters described.
    What can I do Marilyn because my ex wife has extorted me to the point of near bankruptcy. I am currently involved with a claim against me using the consent order which I contest. The marital home to be sold forthwith was only marketed June 2012, more than 3 years after the consent order.
    I am currently cashing in my remaining pension for financial stability and applying for legal support using my home insurance, if possible.

    Regards

    Stephen

  33. Phil says:

    Hi
    I am going through a very nasty divorce. I paid for and built a house on my ex wife’s parents farm.
    When we seperated I left behind my possessions and bank files including invoices, bank statements etc.
    when I asked for their return they have mysteriously disappeared and never there!
    What can I do as I know she is hiding the files or destroyed them. All was my personal bank statements no joint accounts.
    Many thanks
    Phil

  34. Name Witheld says:

    I was divorce in 2006 and because I had legal aid and so did my ex he use fraud and hid assets from me and the court. He said he only earnt £5000 a year but needed £2300 a month to live on for bills, food entertainment and holidays but my solicitor didn’t pick up on what I did. he cheats the tax man and the DWP with his new spouse the woman he committed adultery with and she brags she has been doing it since she was 17 and she is 47 now. He borrowed my pension money all of £5,500 and with in 6weeks of the divorce he brought a bungalow with his new partner and a £90, 000 motorhome to which he started buying 4 months before we were divorce can I do something as he vowed he didn;t want to be married to a cripple which is me but I have worked from 11yrs old till I was 52 when my illness got worse. His new partner has a club foot but claims falsely to the DWP. I got him to pay back the legal aid people as I sent all the paperwork and especially the form E and they told me then I had a case but no one would take me on. What can I do as I live in poverty with all the debts he put in my name and he lives the life of luxury.

    • Phyllis Rentie says:

      Can a mediator find out if your husband lies on his financial statement. Would I be able to find out myself.

  35. Glenn says:

    A friend of mine was in an abusive, controlling relationship for many years and finally plucked up the courage to seek divorce. In her desperation to escape, she agreed to a consent order based on his verbal disclosure that he earned a net salary of £5000 a month, but he claimed he had not been paid from the company of which he was a director, for several months. She has subsequently discovered proof that he had been paid, and that he was actually earning £6000 net. Her solicitor has advised her that she has no course of action for at least a year from when the order was signed. At present they remain living under the same roof, because they cannot sell the matrimonial property, and he has closed their joint account and is refusing her any access to money. The consent order for maintenance does not take affect until the house has been sold. Is their any course of action she can take to overturn the consent order?

  36. Helen says:

    On verge of applying for decree absolute. Have 3 children, get no money from soon-to-be ex, and recovering fro major surgery. CSA on his back for non-payment. He retired 3 years sgo with a generous payout. I find out that the money is no longer in the original account. He states that £8000 a month was being taken out, but his bank statements say otherwise. I discovered there is a secret bank account for the home address. What do I do to access this, as, of course, it is undisclosed assets.

  37. nic says:

    Hi, really interesting information. I am in the process of divorce and am aware my husband has been having cheques paid to his business partner who the gives him cash. He is saying he has not been earning but he has. Is my main way of proving this through tax office investigation? Thanks

  38. Tony Bevington says:

    I am a Litigant in Person. A bit naïve in financial matters where the Court is concerned. However after advice I checked my ex’s Bank Accounts. Her Solicitor had provided both her Accounts back to 2009 after I requested them in my questionnaire. She demanded a sole Account in July 2009 and we parted in April 2013. I discovered that as well as paying bills, buying food she had in this period (2 years 9 months) withdrawn £ 22,710 cash and her ATM. Also sent by Telegraphic Transfer another £5,000 back to her own country. I am uncertain as to how best use this with the Final Hearing now six weeks away.

  39. name withheld says:

    Having run out of cash I have been forced into being LiP! At the final hearing ex was given everything! Was very shell shocked! After the shock passed I decided to seek an appeal. I have now been granted this but I have done an analysis of ex’s accounts and there is a lot of cash being withdrawn which cannot be traced nor can it be accounted for considering the year old Form E. I know that there is an undisclosed account probably an ISA but I cannot prove it any other way. Can I apply for a court order which would mean that the HMRC would be forced to reveal any accounts for which tax is being paid on or if any ISA’s are being held by them? I did Google this and found this page! Anyone got any advice?
    Many thanks

  40. Shireen says:

    My ex husband and I divorced 2 years ago, my ex husbands solicitor refused to disclose the potential value of his 5 yr BT sharesave. Exactly a year after the court order my ex took voluntary redundancy, and managed to reduce his child maintanence payment to £5pw for four children.
    He has cashed in his share save now and has purchased a business worth £180,000. My children and I live in poverty althought I work, I’m forced to pay joint debts and eventually approximately £30,000 to him for his share of the family home as part of the court order.
    Do I have grounds to adjust the court order, has he committed an offence?

    Shireen

    • Marilyn Stowe says:

      Dear Shireen
      Potentially you do. Go and see a solicitor with your complete file of papers and ask for advice. Or instruct a barrister under the Direct Access Scheme. Passage of time is a problem and I’m far from clear why this was not disclosed or taken into account.
      Regards
      Marilyn

  41. Name Witheld says:

    are you f—IN KIDDING ME
    THIS IS THE THIRD SITE I HAVE BEEN TO WHERE ITS PERCEIVED AS THE MALE BEING THE VILLIAN,
    I WAS ROBBED BY MY EX WIFE AT THE DIVORCE PROCEEDINGS BECAUSE HER LAWYER BOUGHT MINE OUT. SHE ALWAYS HANDLED ALL FINANCES, AND AFTER HER MOTHER DIED SHE RECEIVED MONIES THAT WAS PUT IN A JOINT ACCOUNT, WHICH I ONLY FOUND OUT ABOUT AFTER THE DIVORCE, HER AND HER ATTORNEY CHANGED THE WORDING FOR THE COURTS, DONT ASSUME ITS THE FEMALE THAT IS VICTIMIZED, THAT IS THE FURTHEST FROM THE TRUTH AND I HAVE PROOF OF MY EX’S EVIL WAYS,,,,,,, I WAS THE VICTIM, THE EX ,,,,,,,HUSBAND..

    • kevin says:

      the divorce system is run buy women 4 women if you are male your lawyer will actively work against you .i four-st my case in to criminal court over a sexual allegation that i was told i could do nothing about it it was driving me to commit suicide or do something about-it. that was the biggest mistake of my life i put my trust in system that i was led to believe all my life was there to protect me .what was dun to get a conviction was to keep what it was all over away from the jury. even a police officer that made a false statement kept out of court this could of been shone by her doctors statement.i did try to take a private case against those that jump on the band wagon with false statements but that was blocked this was in 2003 i am still serving my centanse every sin gall day knowing she got away with this she got all the help i got none.it was released in 2022 that women no longer need to com up with a reason to get a divorce this must tell you sum-thing,i only discovered this by chance on the morning news.i dear say this will be removed no-won is prepared to expose the system.

    • kevin says:

      The Times would have been better getting a quote from a solicitor about this. Very few barristers will ever have been involved in divorce applications. They are undertaken by solicitors all the time. Defended divorces (when you might need a barrister) were rare under the old fault-based divorce and are impossible under the new no-fault system. Disputed divorces (on jurisdictional grounds) are likely to be rarer still under the new system.

  42. Name Witheld says:

    Further to my previous postings; I’ve had my final hearing, I was LIP. I had late evidence of dissipation of funds .Presented to the opposing solicitor and ignored by her. I presented a Supplementary bundle to the Court and because there was no mention of it in the Bundle the Judge would not consider it. So it was not taken into consideration. Though I did get what (more or less) what I wanted. I felt this action of the Court by ignoring serious misuse of marital funds was most unfair, I also feel it meant a departure from the position of equality of our positions. I noted too that the opposition’s barrister had transcripts of the previous Judge’s hearing. Something I had never seen. I felt that the other solicitor used her experience and better knowledge of Procedures to seriously disadvantage me with her actions. That verge on the dishonest. I don’t wish to appeal the decision. Can I complain to the Court? I am concerned that the Order I will receive shortly has omissions that neglect to deal with situations that might occur (my death before the order comes into effect on my death) where my child aged 15 would lose the FH and my ex would get her percentage of I,t forcing my child out of the home. I have a nominated guardian, an adult son living with us.

  43. Michelle says:

    I have just found out that my parents divorced last October without my dad being aware it had happened my mum has been awarded the house and dad has nothing – they are still living in the same property she is making him pay her housekeeping and all the bills just to stay there is there anything he can do as I am very worried about him.

    Kind regards
    Michelle

  44. jacquie sullivan says:

    Hi not sure if you can help,as it seems you are mainly divorce,my problem is my brother used a struck off solicitor to gain control of my mum and her estate,he also changed his name and moved to spainduring that time I was being diagnosed as having M.S It has taken me 10years to find him and I now have his address,he seems to see himself as the only sibling and I feel he has erased me and that I do not exist.I still cannot find mums death certificate.
    Jacquie

  45. John says:

    2 years and 6 months into my divorce and opened a letter by mistake addressed to my ex ( had no mail for her during that time and was opened by mistake thinking it was mine)

    Found out that she has a secret pension that she set up at the beginning of our marriage And she failed to even tell me. A job that lasted 6 years. But here she is in our divorce, greedily wanting all my pension money in the pot and not telling me about hers. I’ve asked that question to her solicitor at the beginning and go not reply and asked again and got no reply. Makes me wonder what other ones does she have that she is hiding? Another job that lasted 3 years and the new one she had before she left and started divorce proceedings. I’m going to court soon so what advise can anyone give me? If she has pensions and failed to disclose surely that is fraud? 9 years of her working and hiding pensions whilst wanting all mine does not seem fair and just.

  46. Peter says:

    Hi Marilyn

    This might be an interesting one – I wonder if I might have your comment.
    1. Wife & husband agreed a loan to husband’s business from the joint bank account – no contract was drawn up, husband maintains the loan was on the basis of a matrimonial promise and was to be repaid when funds existed to do so. To date the money has not been repaid to the marriage.
    2. Three years later – Divorce.
    3. Crucially, there has been no FDR resolution – it is still in progress awaiting first appointment.
    3. Wife says the above loan money is her own personal money that she brought into the marriage, so she starts proceedings against husband’s business for repayment – parties awaiting first hearing in the county court for this matter.
    4. In wife’s form E wife states the loan was actually a loan to her husband… ultimately for his business… from her own personal money she brought into the marriage.
    5. Husband is minded to bring to both Court’s attention the dreaded ‘Fraud’ word based on conflicting Statements of Truth – who was the loan with; the husband or the husband’s business (a limited company).
    How would this matter be viewed by a court to you think? My opinion is the wife is causing an abuse of process by… basically; suing an asset of the marriage that has yet to be divided – she is suing herself.

  47. Samantha says:

    An excellent account which highlights points giving vital advice for women going through the throws of this type of divorce proceedings/ settlement.

    I filed for divorcee in 2004 and have indeed been in this exact situation. Opening up the divorce settlement 4 years later on the grounds of non-disclosure. To no avail.

    However since the 2nd case in 2008 in 2014 the ex Husband has made a deal with an international business investor whom have invested into his estate on a 50/50 agreement. This deal lays out his non-disclosure on the table.
    It’s a hard call at the time. Looking back I strongly suggest to any woman going through a divorcee as such is to enlist the best lawyer for the proceedings.

  48. Andrew says:

    Samantha: I appreciate that you are seeing it from a female point of view and indeed Marilyn’s article assumes that it is the man who is up to no good: but you and she are both at fault in assuming that it is always that way round, as some of the posts here suggest. Where the assets are limited a wife who knows that even a needs-based division will leave her a lot worse off than before the split may be tempted to keep some asset, some pension, whatever, to herself and perhaps persuade herself that she is doing it “for the children”. It’s just as wrong as the other way round.

  49. JD says:

    Hi Marilyn, My brother has just passed away one week ago and was 2 weeks away from getting a divorce. His soon to be ex had him sign 2 policies and when she wanted him to sign a third he said no. He found out she was giving all the money to her family members who did not work. She filed for a divorce 3 yrs ago because he would not sign and when he was at work took everything out of the house and left him a plate and cup and wiped out his acct. She moved in with her father and their house was payed off. He never drank and was a great father and husband. She turned his children on him also. At the funeral we found out that the reverend was her friend who just got fired from her other job as a counselor and said my brother was on pills, an alcoholic, had demons in him his whole life and a lot more horrible things many people walked out and were appalled and of course we were in shock. My question is who do i go to about policies being forged. He was depressed and told me many times he knew she’s been forging his signature. She was so happy at the funeral. What can we do? Thank you very much for your time!

  50. jay awtani says:

    Hi there
    I have few questions it will be great if you can answer them.
    1 I got married in feb 2007 just few days before marriage my x wife who is solicitor made me signed pre neptuial agreement which she prepared in her firm and during that period I was in india I could not get legal adviseadvise from English solicitors i came to uk permanently in april 2007 there was no full financial disclosure in pre neptuial agreement and I didn’t received any copies for the same does this pre neptuial agreement still valid in court.
    2 she hasn’t declared correct amount of monies in her for e and also lied about many things my problem she is solicitor and I don’t know anything about law although I have solicitors but still she has to fight with 2 brains.

  51. Financial dishonesty in divorce says:

    […] The law in respect of financial admission in divorce proceedings is unambiguous; both parties must provide a full, frank and honest disclosure of their holdings. […]

  52. ann dawes says:

    my husband and i agreed to sell the marital home 4 years ago. we moved into rented accomadation the rent book was in his name the marriage broke down i was left with no choice but to move out. i took half the what i thought was the equity from the sale of the marital home at that time i was not in the right frame of mind i had a lot of problems we had two children one lived in leeds and one decided to stay with her dad i ended up living abroad for 6 months while i sorted myself out. in the meantime he bought another property and took with him all the furnature that over the years i had bought when i lived in my own flat i had to start again ie buying furniture etc. over the last 4 years he will not talk to me he refuses to let me in his house and he will not give me access to our joint papers what can i do?

  53. Douglas says:

    Hi there

    I need advice, I own a house before getting married. When I got married I borrow some money from my house to put it as a deposit in buying a family house. At the time I verbally agreed with my spouse that if anything happens I will be solely entitle to my house I own before marriage and also the deposit I put down in the family house. This is five year now things are going wrong. I am worried that she may want to claim a share on my house I own before marriage.

  54. GS says:

    Hi and thank you for a very interesting and helpful blog.

    I’ve been involved in protracted divorce proceedings – an initial application in 2009. A further petition in 2014 was recently concluded. During the FDR H. I was unrepresented although the Pro Bono Bar had accepted my case they were unable to field a Barrister they had just 4 days. During that Hearing I provided evidential prrof of non-disclosure of a pension approaching 1/2 a million pounds. This non-disclosure had made all the legal representatives in 2009 to conclude this was a no cash divorce and whilst not strictly cash it is a sizable asset. I subsequently took Bankruptcy.

    In 2014 the Judge whilst sympathetic still allowed my former husband to keep this undisclosed pension – he blamed my former representation saying that they had been informed as to the pension’s existence though not on Form E and had not requested the relevant CETV ; my former husband had claimed it was in draw down. In reality 85% was not. I suspect further non disclosure.

    It has been suggested I appeal and I have managed to scrape together £1000 for the preparation of the appeal but am unable to fund very much more expense – I can potentially fund a barrister to appear at appeal and request the other side meet my costs. A decision which if made could and would be appealed. I have two children and the whole of the FMH’ equity was released to fund the Ex-husband’s business which was subsequently taken into administration.

    What do I do? and why is it that having spent £1000’s on solicitor’s fees I am facing having to spend even more. Well I don;t have it. I have asked my current solicitor about professional negligence but he is extremely reticient and the barrister hired to prepare the appeal believes the judge to have been wrong when he says my former representation let me down and the fault should reside with my Ex.
    Help!

    • Luke says:

      “What do I do? and why is it that having spent £1000’s on solicitor’s fees I am facing having to spend even more. ”
      =====
      .
      Sadly, because this is the British legal system.
      It is set up in such a way that people working within it can become very rich at the expense of the general public, that is its primary function.
      .
      Some within the profession may consider these words to be harsh – and there are some good people within it, but I really don’t think an objective person could come to any other conclusion.

      • Tranmontane says:

        At the risk of appearing a trifle pedantic, Luke, I have to gently point out that that is incorrect. That’s it’s ‘LATENT function’ — to make as much money out of people’s misery as possible. It’s ‘manifest function’ is simply to help administer the law. They are different, but both very real. Only, one is unspoken. (ie. We are not supposed to KNOW or even think of that.)

        In my case I had a lazy and clearly biased lawyer who failed to give good advice and lacked initiative, which could have saved me a lot of money. It is blindingly obvious that most lawyers get a HUGE amount of money for what they do — supposedly providing “protection” to those in peril, and only some of them are anywhere near worth it. (Another I was forced to consult — on a ‘freelance’ basis — WAS good, ‘clued-in’ and helpful.)

        In general, it could be said though that it’s a PROTECTION racket that is actually sanctioned by the law of the land…. And the only ‘protection’ YOU have from being charged good money by bad lawyers (and some certainly ARE) is to have recourse to the Law Society. And, as they will probably do little-to-nothing, you are on your own. With NO protection.

        All you can really do is to try to negotiate the final fee down, as I have been doing — partially successfully. It is certainly worth a go — particularly if you have strong evidence of incompetence. Even with that, keep correspondence polite, and give the lawyer a chance to “save face”, rather than rubbing their nose in it. It’s your MONEY you really want, not retribution.

        • Luke says:

          Well, not quite 🙂
          Primary means ‘of chief importance’ – I’m not arguing about latent or manifest functions, at the risk of being called cynical (which I am happy to take on the chin 🙂 ) I’m saying what function (which I think is difficult now to conceal as the business world generally becomes more transparent) I think actually drives the whole process and gives us the legal system we have ended up with.
          .
          Anyway, we broadly agree – and I am sure we are equally pedantic 🙂

  55. Name Witheld says:

    I have been separated for 18 months and contemplating divorce proceedings however my ex wife has gone to ground and I am taking all the flack from the bank as my income expenditure leaves me short every month. The debts are now massive with the house being repossessed, which I wanted to keep. Basically she has driven me into near bankruptcy to the point of me cashing in a pension to clear the bills. It’s very nice talking about court order this and that. Who pays the solicitors? I can no longer afford one. A bad solicitor handed my assets over to her and the courts and banks support her 100% in what she is doing. She even stole £4k of assets while under police protection. Don’t argue to me about hard up women. I now have no choice because of redundancy to pull all my pensions, redundancy and disappear abroad otherwise I will end up with nothing and this woman has not worked a day of her married life. This 12 month rule is stupid if the courts take marital time into account then the finances should be taken into account for the same period.

  56. master oumelkhir says:

    please help…I need to now if I can present in court all the email I found,,loke my husbang was changing all our asset and putting on the name of is chidren and all the email and phot of his trip and girl friend Durant our separation
    can I give that like evidence I court
    urgemt

  57. Tony Bevington says:

    My experience is that if you want to use something in evidence then it has to be included in the ‘bundle’. If it isn’t you stand the risk of having it ignored. I presented evidence of dissipation of funds in a supplementary bundle and was refused permission to present it. Even though I had sent it to the Defendants Solicitor, and the Court two weeks prior to the FDR. Personally I consider that this constitutes an unfair trial since all the facts were not heard. But as Litigant in Person I was at a considerable disadvantage by not being certain how to deal with this refusal.

    • Tranmontane says:

      In my view, the judge should at least have helped you. There is no reason why an LiP should be penalised for something they didn’t know. Unfortunately, from my own experience, divorce judges seem to be under orders to move cases through the courts as the highest priority, rather than the administration of Justice.

  58. cleveland says:

    I am currently in theprocess of divorce with my Husband. I have spent the past two and a half years drip feeding his solicitor financial information. I work part time, earn minimum wage and can scarcely afford the bills this has incurred. In that time my husband has only submitted a very basic financial disclosure statement. He and his solicitor have not responded to any further enquiries regarding valuables and business properties i know he has, siting them as ‘worth nothing’ I have a settlement meeting in 6 days and am petrified as I know he is going to leave me for dead even though I continue to provide 95% of the care and provision for our two children, Does he have to disclose these things? surely he cannot expect his word to be taken that the valuables and properties (4 of them tenanted) I don’t particularly wish to take half of everything he owns, I just want tobe able to put a roof over my childrens heads and be able to feed them and enjoy treats with them and give them decent birthdays and christmas’s as well as the clothes they are going to need.
    If you could respond as quickly as you can I would be so very grateful, I am in a total panic about the meetingon the 22nd of october.
    Thank you

  59. Alison says:

    My husband pays £650 global maintenance.from a court order 8 months ago. His business was failing but still trading then. However now the business is in strike off and he has a relatively low paid job at 16800 gross a year. The cms have assessed his contribution should be £195 a month but we still have to pay £650. When he does that he is left with £560 after tax a month compared to.his ex wife who has the amount of £2600 including benefits. Salary and maintenance. They have 2 children 17 and 13. The order didn’t accommodate a reduction for the eldest leaving college. I have 2 children the same ages living with us. I teach on a supply basis and don’t get maintenance from my ex as he has retired. Would we have a good case to go back to court to apply for a variation?

  60. DS says:

    My sister has been married for 16 years. He is an M.D. During this marriage her husband has put his business into a trust naming his brother as executor. He also bought property while married and sold it to his sister for $1.00., is this considered hiding assets or fraud? She has proof, documents to verify that he has done this without her signature. They were married in new mexico and continue to reside there. She is considering divorce at this time. They have one son 15 yes. Old and he has never so much as bought son a pair of shoes. She works and makes fraction of what he is making. She supports their son financially entirely.

  61. marita copoc says:

    Hi I got divorced in 2007 after 25 years of marriage, we jointly owned are marital home which he remained living in. He gave me 20.000 last year, after years of asking, this he said was all I was getting.
    I worked the whole of my married life. He got left a large sum of money and put it in my sons account saying I was not getting any. I still work full time at 57 years of age and have to live with one of my daughters, am I entitled to get any more money from him.

  62. e says:

    I am issuing proceedings at the moment as my ex husband has failed to comply with any aspect of the financial consent order that was issued sin September 2015, essentially forcing the sale of two houses with the proceeds to go to me. In april we agreed that he would buy the properties (I cannot get a mortgage due to never having worked) for £68000 payable within 6 weeks. I don’t really have an issue with returning this to court however I have also discovered bank statements from when we were separated that show an amount of around £100000 paid to casinos in various payments, and I suspect that they were used to purchase chips and then cash in, effectively hiding the money. My ex was never a gambler to this huge degree. Would this line of enquiry be worth pursuing? your response and input would be much appreciated

  63. Weston says:

    I have been a victim of a marriage scam from a Russian lady,lonely at 56 years old I was an easy pray to be used as a stepping stone for her to obtain they UK visa and to defraud me from my assects.
    Before she arrived In UK I was a victim of an accident ,she played her cads until I received my Inury pay out, the she started her carmaign of passive aggression towards me and eventually she left my house that I purchased 4 years before she arrived. My injury pay out was used to pay for the house as she never contributes to anything and all her saving after she find a full time job were sent to Russia.
    With my illines and depression I moved out of UK.
    I have been told that she is starting divorce proceedings and demanding half of my house .
    This only after 3 horrible years of marriage

    How can the law in UK protect me from defraudolent claim and petition against me as i am not in UK .
    I am sure there are thousands like me who have been victim of a scam legal marriage preparation

    I

    • Luke says:

      You signed the marriage contract Weston – that was a HUGE mistake – I agree with you that it’s attempted fraud but I very much doubt that’s how our Family Court will see it. I suggest you get yourself a lawyer and fast.
      Sorry I can’t be more positive, but it’s not sounding good…

  64. B says:

    Hey-ho Weston — this sounds distressingly, even horribly, FAMILIAR.

    I am recently divorced by my filipina wife of four years — unquestionably a scammer. After she petitioned for divorce it started to become clear that SHE HAD ONLY MARRIED ME SO SHE COULD DIVORCE ME. With an eye on a nice, fat “settlement” — which of course she was awarded, by a compliant, “naive” legal system, which you would think had never even HEARD of marriage scams. Certainly it does nothing about such travesties of justice — indeed, it SUPPORTS them! And because her ultimate goal was to simply milk me, using the legal system to her particular advantage (don’t talk to me about men always being the ‘bad guys’) she began to have affairs, knowing full well that even when I found out, she couldn’t lose.
    .
    Now, if it had simply been a good marriage that went bad after a time, I guess I would just cough up, lick my wounds, and carry on. But it was NEVER “good” — it just seemed like that: She was a good actress — for a while.
    .
    Because, after just 20 reasonably happy months, she suddenly hit me with the demand that I should buy her a brand new house in the Philippines…. That was the first time I had some indication of her true game, but because I truly loved her, foolishly (looking back) I eventually got over it.
    .
    In a similar way, since she had been working as a “domestic” before we married, for a long time I hadn’t complained that, although working in a series of reasonably well-paid jobs, she never contributed anything to our housekeeping. But when I found her an excellent, well-paid job, she still never offered any contribution, even when, about two years into the four of our so-called “marriage”, my business started to go down. Even rows could not cajole her into contributing much — as she always claimed she had “so many bills” to pay.
    .
    Then, when it came to the divorce petition, she lied about her savings, first to Legal Aid, then to the court — but no effort was made by the court to demand proper proof. And when I tried to have the matter flushed out, like Tony Bevington above (13/10/15), since, inexplicably it was not in the “bundle” presented to the court by my lawyer, the true facts were never “discovered”. And on the basis of what the court knew, later a settlement figure was “suggested”. In fact, a range was given by the judge. Naturally my avaricious “wife” demanded the higher figure — with me also paying a part of her Legal Aid — even though I had significantly helped her raise her standard of living by getting her into a profession.
    .
    The eventual figure was, as always, on a “take it or leave it” basis. Because the only alternative was to fight in open court — ie. litigation. And as I had been informed that litigation could be horrendously expensive, I was forced to accept the figure.
    .
    As this clearly was another out-and-out SCAM, about which the government seems to be doing nothing to try to prevent or even mitigate, naturally I feel justifiably aggrieved. It is NOT always the guy who is the villain! But when will the divorce laws EVER start to reflect that fact?? Even when Baroness Deech spoke out about this sort of thing, in the House of Lords in December 2014, it seems the government took little notice. So, sadly, it is sure to continue….

    (See the speech by Baroness Deech, “Divorce laws should be tougher on women” in:
    telegraph.co.uk/news/uknews/law-and-order/11318734/Divorce-laws-tell-women-just-marry-a-footballer-says-expert.html

  65. LT says:

    I was married for more than 16 years and going through a bitter divorce. Four years ago, we decided to go via mediation to cut cost and I decided to have the marital home, mortgage free and let him have the 2nd home, and all other assets. But he never did transfer the home and so although we had the decree nisi pronounced but I didn’t give him the absolute.

    Failing mediation, we both have solicitors and he filed for Financial Order. In Form E, he didn’t declare all his assets in overseas, rental income and other income from his part time business. I am not working at the moment, having a very young child of 1, a single mum and struggling to pay my legal fees. The child is not of his.

    He has a full time job, receiving pension from his previous employment and another pension pot from his current job. It’s very frustrating to find out about his affairs, hidden assets and his cunning plan to walk out with much of the assets (if everything) as he thinks I don’t even deserve this marital home. I have most of the evidence/documentation and worked with my solicitor for the questionnaire. My hearing is coming up next month and I am gathering information for his set of questions. I am doing most of the research and gathering information myself to cut legal cost. I would like to know what is the implication since he undisclosed any of this assets in foreign country, earnings from his substantial rental income, part time business since the time we were married. Now a wealthy man, he is trying to split the liabilities ( debts from credit card/loan) and so that I get nothing or very little settlement. I am very stressed and although i am working hard with the case I need some advice, pointers as what to expect next.

  66. P says:

    Good questions but mostly no awnsers ,quote my daughter of 14yrs married to estate agent started business together now trying to rip her off ,e form failed to fill in a lot about the business had a forensic accountant look at the business for valuation ,have had report now trying to discredit the f/accc he is also spending £1250 PCM and only given is self the free allowance of pay also paying £1100 PCM On m/home and bills plus company car b m w sport 64 things don’t tally if u need more please u reply thanks

    • Marilyn Stowe says:

      Thanks for your comment but your daughter clearly has lawyers and should be advised by them. It would be inappropropriate to comment further especially as there is insufficient detail supplied.
      Regards
      Marilyn

  67. P says:

    Hi
    I am going through divorce.
    My ex has already lied on his petition to say he gives me 1000 a month. I was told to sign that as at ancilliary it makes no difference. He is coming for his cut of my family home. I have been rearing 4 on my own for 5 years and now two are in university snd one child at 16 is at home.

    His friend was handling mortgages at one stage. One house in joint names with my husband has gone from 35 to 100 k without my consent. My name is on 5 properties. I did not benefit nor gain from any of those properties. Now the only equity is our home and the endowments I have paid myself.

    I have told my solicitor I did not consent to the mortgage on a house to increase from 35 to 100 k. My ex at one stage threatened bancruptcy.

    Do I get a forensic accountant? My solicitor said we may need one bit I’m legally aided..

  68. polly says:

    i was divorced 3 years ago, and not in a good place when this happened, I was forced out of my family home, and had to go to rented accommodation, I am now in a better place where I have been able to reflect on my divorce and have realised that my ex husband had not declared all his business accounts’
    Is there anything I can do, as I walked away with nothing, I was stressed and I had a harassment order on him, and felt pressured to divorce so that he had nothing to do with me and he would leave me alone,

  69. Siobhan O'Dwyer says:

    Dear Marilyn, would a sworn statement via an affidavit amount to fraud or would it be perjury , and what’s the difference ?

  70. denise says:

    having to go through a financial settlement after divorce, my partner did not disclose info about her wages or evidence of bills that she paid, in form E, claiming that she paid £9K for refurbishment work on a flat I co earn with sister does she have to if we go to mediation it was a short marriage without children

  71. JC says:

    My best friend has been divorced for many years. Her daughter has informed her that her ex husband has been paying a critical illness policy for my friend even after their divorce. He now wishes to cash the policy in- does my friend have any rights to this policy as it is in her name even though he has made the payments. Thank you
    Ps my friend is waiting for open heart surgery and is forced to sell her business due to ill health

  72. Sherry Nickel says:

    My friend has been divorced since 2011. At the time of the divorce her husband had an asset (property) that was not disclosed in the listing of assets. Fast forward to today, she found out it was in his name (the property) while they were married. Proof from online State website. He is fixing the property up and will be selling this property shortly. After some research she found there is a lien on this property from a mutual friend that loaned her now ex-husband money. She should be entitled to half the proceeds of the sale of this property as it was a martial asset. She is trying to find out how to get a judgement from the courts to slap a lien of her own on this property. What forms does she needs to have to do that? She does not make a lot of money and cant afford an attorney. What steps can she take to prove she has a right to the proceeds when he sells this property, and how can she get a judgement quickly? Is this a family court petition or civil matter

  73. KJ says:

    Dear Marilyn

    My question is what do you do if you catch your spouse’s solicitor lying and worse still tries to put the blame on you when acting as Litigant in Person and during a very stressful time when I had to issue an application to commit husband through non payment of a Legal Services Order.
    Evidence is cast iron
    I have asked 3 times for an explanation but received none. Solicitor’s Law Firm not interested and have stated that he has not behaved unprofessionally

    • Mike says:

      I, personally, have seen occasions when the solicitors for the OS (Other Side) simply IGNORED a request for “further and better particulars” — or even outright information — from my own solicitor. It is of course thoroughly disreputable — but it seems it happens! If they don’t wanna answer, and your solicitor is too lazy to pursue them (as mine obviously was) there seems to be little you can do — EXCEPT, be an LiP!

      And, as you ARE already, it seems to me you can make direct representations to the judge in order to get an ORDER that something be done. Rather than “relying” on a solicitor to do it (when they don’t care enough to do so), you can “get in there” — and do it yourself. Unfortunately, I could do nothing, being represented by a solicitor at the first hearing, and then a barrister at the second (because I simply didn’t trust my solicitor to present my case sufficiently well) — although he didn’t seem to achieve MUCH, since of course he had to be “instructed” by my solicitor — a woman….

      With my solicitor seemingly lacking in initiative, or just plain lazy (there were other incidences too), there is something I can, and will, do — report them to the professional body that governs or monitors solicitors’ performance. If necessary — and it probably will be — I can sue, since I spent a lot of money to achieve very little. In your case, it seems you should waste no more time — report the OS to the professional body that governs or monitors solicitors’ performance in your own jurisdiction. That might shake them up a bit. Trouble is, it can take some time….

      I may be a guy, but I am against disreputable and unfair treatment too…. If you are sure you are right — fight for justice!

  74. LT says:

    Hi, I divorced my husband in December 2014. We are still trying to settle the finances. I hold all the assets as he was a drug addict and failed to make any financial contributions. He wants 50% of the assets which are in my sole name. He works for his father business and although he told me that his father paid maximum pension contributions for him he is now stating that he does not have a pension. How can we prove that he has a pension?

  75. KJ says:

    Dear Mike

    I am sorry you had to deal with such unethical and unprofessional behaviour, we all try to cling on to the fact that the law is the law and any lie or misconduct is unacceptable in these circumstances, this does not however seem to apply to some of the legal profession. I too am of the firm belief that little old me will achieve very little and I believe in the mantra that you should only fight the battles you can win, however, others can fight those battles for you. I have now, thanks to you, made enquiries and found out that the Law Firm in question is regulated by the SRA, I am now collecting all the evidence I have of the Solicitor’s malpractice and will be sending it off. The lying has also been coupled with a complete disregard to legal protocol. I will keep everyone informed as to the outcome because as you say someone has to stand up and fight for truth and justice.

    • kevin says:

      is it not time you solicitors spill the beens that the government is guilty of court fixing, and that have you under control by a non disclose yer order .this prevents any one getting the full story.

  76. PE says:

    I am having to go to court over finances.

    I am aware of my other half having an alias that includes bank accounts.

    Can I bring this to the attention of the court, as the bank accounts are in the alias and of course will not be listed in the financial statement?

    • Mike says:

      I myself am appealing against the huge amount of money awarded to my ex-wife, who (I am quite sure) fraudulently declared her assets to the court.

      At the start of the case, my lawyer would not follow up on what I claimed was obvious under-declaring. And then it took weeks of work, AFTER the divorce, for my private investigator to unearth her true financial situation — including the discovery of at least one, major, bank account never disclosed.

      This had not been revealed by my spouse, even when asked on several occasions for “further and better particulars” prior to the hearing. How could she get away with it? Because, for whatever reason, my lawyer just gave up — and the lack of cooperation by her solicitor was never even mentioned by my lawyer at the financial hearing. You can imagine how I felt when I later learned the true facts…..

      I am certainly not a lawyer but it seems to me, PE, that you “only” have to find the way to PROVE your spouse maintains that alias, for it to be accepted in the court, and then it can order that those accounts be made available too. (Parenthetically, you might try to discover if your spouse has any OTHER aliases…. After all, why should it necessarily stop at one?)

      Also, as far as I am aware, probably depending on the severity of the deception (ie. how much, what percentage, was hidden) your spouse could face charges of perjury, or even FRAUD.

      That’s what I expect my “ex” will now have to face — along with the loss of all that she had gained by such deception.

    • Karen says:

      It depends on how you obtained that information. If you went through your spouses papers without their consent then you will be in trouble and your solicitor will be unable to accept or even read that evidence.
      If you obtained the information because your spouse told you or showed you the evidence of the other bank accounts and you can prove that then you are ok to use it in Court.
      There have been 2 legal cases recently when the original divorce settlement has been overturned and the wives (in these cases) were awarded higher amounts because of the non- disclosures at the final hearing by the husbands. My Barrister represented one of the wives in question.
      My husband has mislead the court throughout with regards to his access to Trust funds, to the point of not mentioning his existence of a fund available to him in excess of £1million. Thankfully I found out by legitamete means before the Final Hearing.
      Good luck

  77. Karen says:

    Apologies for the incorrect spelling of legitimate, it is too early in the morning.

  78. Vivienne says:

    I have just discovered that my estranged husband (we separated 12 years ago) has divorced me. I knew nothing about this and have received no paperwork despite the fact that he has knowwn my address and mobile number at all times and we have been in constant contact throughout the 12 years. We were married in Scotland but I now live in England, all financial issues had NOT been resolved. I spoke to my ex and he is being very cagey, won’t tell me the contact details for his solicitor or even tell me when and where the Decree Absolute was issued. Any advice would be greatly appreciated.

    • Marilyn Stowe says:

      Dear Vivienne
      If the divorce took place in England you would have to have signed an Acknowledgement of Service or he would have had to tell the court you could not be traced. This is serious if he did not tell the truth to get a divorce. You can check whether there has been DA via this link using Form D440. https://www.gov.uk/copy-decree-absolute-final-order
      You also need to see a solicitor and consider the overall position. The divorce can be set aside, if you were not informed. Also you need advice about finances. I really need to know first about the divorce to suggest the next steps. It doesn’t matter where you were married. If somehow you are legally correctly divorced in Scotland then you need to act fast to get the finances underway here due to EU law. If divorced in England you can apply anyhow.
      Interesting!
      Regards
      Marilyn

  79. Kristy says:

    Not sure how to proceed with the following issue. My husband and I are refinancing our home and both were credit checked, mine is in the mid 700’s and his is in the low 500’s. He was shocked at how bad it was and didn’t know why. We pulled his credit report to discover he has close to 39,0000 in credit card debt, which he only has one and it’s paid off. Upon looking at the report all of them are closed by the customer but never paid. All of them were paid up until both July 2013 and August 2015. He got divorced from his ex wife three years ago and she took care of all the finances, he trusted her to take care of things, they were married for 11 years. During their marriage she was getting credit cards in his name and never telling him about it. What is the best way to proceed?

  80. Andrew says:

    If he divorced you in England you can search the index of decrees absolute.

  81. Karen says:

    Final hearing over,now and husband admitted to non disclosure of assets, under cross examination, during the whole of the divorce process including MPS. He also refused to attend mediation on four requests by me.
    The bad news for me and others like me is that it doesn’t make any difference, has no relevance in Court and has not reduced my costs which were increased dramatically by his behaviour. So the legal message is;happily go forth and do not disclose your true finances, rack up your spouses costs as they try time and time again to grasp just how much is in the marital pot, do not truthfully fill in your form E or any other statement of truth and refuse any mediation that may narrow the issues. Further, deploy satellite litigatation on everything and anything that will increase costs then lower your final offer of settlement. You will win hands down because it does not legally matter.

    • Luke says:

      Karen, if court costs are being racked up then the lawyers are benefiting handsomely from the current setup – what incentive is there for them to make less money ?
      .
      I know that isn’t palatable, but when was the last time you saw a profession campaign to slash its earnings?

      • Karen says:

        Dear Luke

        Thank you for your response and insight into the lawyers tactics as well as my husband’s. The firm my husband has been using is known for racking up costs, I was forced to act as litigant in person due to my husband refusing to adhere to a Legal Services Order requiring him to pay my costs.
        My only recourse appears to be the organisation Resolution and/or the Solicitors Regulatory Authority. Don’t hold out much hope on either count.
        Total costs in the divorce of this type of behaviour? In excess of £500,000. As Niles, the psychiatrist from ‘Frazier’ says,
        “Lawyers make the best patients as they always pay their bills and they never get better”

        Karen

        • will wib says:

          I thank god there good people in the world for eleven years I was subject to fraud abuse proverty mistreatment by a man who steal my I’d use it for same fraudulent crime left me in debt for services I never received had me stalk and tormented in my home BT people who are not level residents of this low income housing complex I was move into that look like dead land on land that profitable. Had me live like a slave violated my civil human civil liberties for a crime that was done to me without my knowledge consent a knowing I had no one who believe what I tell them for years man I never truth love marry at all threat me in my home by trespasser and cause great harm in my life I thank god my feeling was right reading the law now Iknow I was a victim of a crime don’t get sorry a penny but stay being stalk and hases in my home by thief in hire they trying to harm me they can take something I never had a chance to see. No lawyer judge official can to my aid my level rights was taken like if I was a victim of slave. God bledd

  82. Janet says:

    my husband ran off with a woman half his age then got a divorce ‘petition’ in within the first week containing 5 points which I refuted to divorce me on ‘unreasonable behaviour’. I didn’t have the money nor the wherewithal at the time to defend myself, it having made me ill. I subsequently lost my job, had to be looked after by my relative. He obtained his decree absolute, now I discover he lies about pensions he has on the Form E – a copy of which I have subsequently obtained. Unbeknownst to him I have the actual CETVs. He even tried to subtly alter the Pension Plan numbers to bamboozle me. I was subjected to constant threats and intimidation after he left that “he would leave me without a pot to p…. in” “‘I have no rights”,”She (the other woman) is in charge now”, etc. etc., that he knew people in high places, that he wore me down and I was afraid to leave the house. There is so much to this case that I do not know where to start if I were to bring a private prosecution against him, selling my home to fund it of course

    • Andrew says:

      It is difficult to imagine a mess like yours which could be improved by selling your home to spend the money on a private prosecution. Whatever you do, hang on to your home.

  83. Karen says:

    Take Andrew’s advice, hang on to your home. If your case is as complicated as you say then all the equity in your home will be eaten up by lawyers fees. Fighting against a divorce petition is futile and a complete waste of money,the best you could have done is cross petitioned and agreed to joint undertakings that neither would apply for a decree absolute without the permission of the other.
    Pick yourself up, dust yourself off and start all over again. Be thankful that you still have your home and your integrity, so few leave a relationship with both and that you have offloaded a person who clearly had no respect for you- you deserve better.

  84. TT says:

    I was married for almost 2 decades we got a divorce and settled with £200k. 3 years later after investigating him prompted by his actions we have found assets worth £5 million hidden with lawyers in trust, friends and family. it has cost a pretty penny with a huge team. Overturning an order is a complicated matter and what I ask is how do you know when to accept? Walk away or further investigate. I hope to get an outcome by 2017. As mothers and women we all need to take out time in knowing who we have married and what they have. Do you think he will be sent to prison? Can he be done for perjury? He is trying to settle now but I will not agree we will thrash this out once and for all do you agree?

  85. AB says:

    A bit of a sexist statement by the last poster. (as mothers and women). Men get ripped off too. My ex stashed away £36,000 drawn in cash over three years and because it didn’t get discovered in time and consequently wasn’t in the bundle, it was disregarded by the Court. I even tried offering it as a ‘supplementary bundle’ but without luck. So the answer is, get it right the first time ! Trying to do something about it later is costly and hard work. For me only two years has passed and I guess I could do something about it. But just glad to be free of her and count myself lucky it wasn’t more ! Anyhow being a single dad now I can’t afford it.

  86. Tina Tanner says:

    Dear Mr AB, you are very correct men too can be ripped off I apologies if I upset you. There is no time limitation but again as a lay person it is to do with what you want: Setting it aside is a good way which is what I am trying to do: The areas you need to prove is one of non- disclosure, misrepresentation and or fraud. (That any disclosure would not have have made a difference as per the outcome) I pray you do something if you can it took a lot out of me but I am fighting.

  87. Peter Barfoot says:

    Unfortunately your whole written piece is using male subjects as examples of the “less than honest” label. Misandrist in context and example, whilst women in divorce proceedings could not possibly be any less morally inept or repugnant, read this article and you’ll see my meaning !

    dailymail.co.uk/news/article-3672717/Wife-fights-share-ex-s-175-000-payout-child-abuse-Estranged-partner-make-legal-history-arguing-money-marital-asset.html

  88. Elizabeth says:

    my ex husband declared debts of over 1.2 million on his form e and threatened bankruptcy so coersed me into accepting a much smaller settlement than I was entitled too i know find out this debt has not been paid can I go back and contest this

  89. Bert says:

    Elizabeth — A second lawyer, more recently consulted than my first (pretty useless) one, opined that with all the evidence I had gained since the decree absolute, following an appeal, I “should not have to pay [my ex] anything”.

    Heartened by this, I commenced my appeal… But, first an important suggestion she had made that would have bolstered the case, turned out to be incorrect: The judge stated he had no authority to order what I requested. Then, and only then, did she let it slip that, actually, even if I won the appeal, that wasn’t IT. No, not by a long chalk: The whole financial fight would have to begin ALL OVER AGAIN. I saw lots more cash being blown on ever-more litigation….

    I was, by then, so fed up that I just withdrew the appeal.

    It was clear that the only ones who had won (so far) were the lawyers.

    Of COURSE! THAT was what it was all about! How silly of me not to realise that….

  90. Femmy says:

    My brothers wife is trying to set aside a consent order. My brother has conceded to not disclosing a large number of properties and accepts his lie his new position was presented. He has also never attended court and I warned him to attend but he refused. A lot of his properties were hidden with his friends. The court is putting restrictions on the properties – during this case as when the application was lodged he managed to sell 3 properties and the judge is aware. Even though he accepts lying under oath he does not want to attend the final hearing and said he will not. What are the likely implications for his can the order fail or will he loose everything can the court be so tough?

  91. M says:

    I have found out that my ex husband has another pension which he did not declare at the time of our divorce. I had a pension agreement but that was fir the pension he declared. As the pension in question was during the early part of our marriage am I entitled to half share?

    Thanks
    Mary

  92. MP says:

    I was DIVORCED IN 1996. MY HUSBAND AND i HAD A BUSINESS TOGETHER. AUTO BROKERS and I WAS MARRIED TO HIM October 18 1987. We WOULD FILE TAXES TOGETHER and i HAD TO BE THERE TO SIGN the documents. we also HAD A IRA TOGETHER. I WAS 30 AT THE TIME. HE FOUGHT ME TOOTH AND NAIL over the divorce settlements. . NOW I AM 50 AND IT SHOWS ALL THOSE YEARS I HAVEN’T WORKED. HE RETAINED ALL THE SO CALLED GOOD LAWYERS. I ENDED UP WITH ONE WHO HE PAID OFF AND NOW MOVED AWAY’. HE PUT EVERYTHING AS GIFTS FROM FAMILY TELLING ME IT WAS FOR A GOOD BECAUSE. AGAIN I WAS VERY NAIVE AND TRUSTED HIM. I KNOW IT HAS BEEN A LONG TIME BUT, Am I ENTITLED TO THE MONIES due to me. I WOULD OF NEVER FOUND OUT BUT I AM NOT A HEALTHY LADY AND SSI SAID I DON’T HAVE ENOUGH QUARTERS, IS THERE ANY WAY WE CAN CHECK INTO THIS? He ALSO HID A LOT OF MONEY transactions through his family. PLEASE CAN SOMEONE HELP ME.
    Sorry caps lock was on …

  93. Andrew says:

    MP You are I think in America. You use the expression IRA which means something different here in England! You need advice from a lawyer in the State where you were divorced.

  94. A says:

    During my marriage of 12 years, I learned that my husband identity theft, majority of my inheritance, along with racking up a ton of debt. I was kept purposefully unaware, since he provided me with bogus budget spreadsheets and false assets re-caps, on a daily basis. I did not have my head buried in the sand, he just kept me purposefully blind. With the divorce in progress he has very little assets and is crying ‘poor’ to even his half of the debt (granted he is now living in a gated community with a movie theatre, fishing lake, etc.). Is there any recourse for me retrieving any of my inheritance (about $300,000 and about $100,000 in unknown debt)? In Discovery he admitted he was the one to take money from accounts that were not co-mingled, it were strictly inheritance accounts in my name. He even admitted to draining my son’s medical account, where I was the custodial and his name was not on. Yet their side is claiming I benefitted from it. I disagree. I did not benefit from $5,000/mo. being flushed down the drain to interest. He left it so that I cannot now care for my kids. I was a SAHM for almost 10 years. What do you see as they outcome of my horrible situation? Also my nonmarital house which was paid in full prior to marriage has a marital debt tied to it now. He stopped paying his ordered part and they have started foreclosure. He is doing nothing. How do I protect myself if I pay it off in full and get a judgement at the property trial. My lawyer says that the judge may order me to give him a loan at a 3% interest rate which is rediculous. From what I have researched, since my money and house are all nonmarital the judge cannot Make me use these funds to give him a loan. If I do I can set the terms, or he can figure out another way to get financing….what is your take on it?

  95. Kiki says:

    My ex divorced me without me ever knowing. After 27 years he filed and lied and said that he didn’t know how to contact me. I have paper proof we were together the very month that he filed. He didn’t want me to get half of his pension. We have two grown daughters together that we both are in touch with. The thought that the courts would believe this lie is beyond me. Every place I turn the door is shut because I don’t have two thousand for lawyer fees. I wish I could get someone to work with me because I deserve better than this. I can’t believe this is our legal system in the United States of America

    • Andrew says:

      You are the third poster on this thread who seems to think a site run by a (very good!) firm of lawyers in England is a good place to look for advice. Have American schools stopped teaching about that unfortunate business in 1776?

  96. Vireshkumar Patel says:

    Hello there,
    My 14 years marriage ended last year in 2017, My ex never paid any correct payment in joint bills and mortgage and I was paying all bills, rent and mortgage and initial deposit over £65K in 2010.
    We have one son and I was also paying over 5 to 6 years to provide child care to allow my wife to work as Dr ( she is Dr in NHS) . She moved out from FMH and still not paying before and after. She have property and shares before marriage and during marriage she gain some shares. My business now not doing well and last two years totally going down the hill and recent court process drained all my finances. I cry several night just before bed..May I able to claim on her earnings to pay our joint mortgage where I am currently staying i need some inputs on what I can claim and how fast ? Can i apply for emergency account block so that she can not move funds overseas without my knowledge ? My bank refused to closed joint account without joint signature !! Can not get good deal to reduce monthly payment on mortgage as they need my ex’s signature !! I can not take out equity to boost my business ( this was my business profit which I put as deposit in 2009) .. Your reply/ advise or highlights will be priceless and always remembered and appreciated..

    Your’s faithfully,

    Mr P

  97. Gary Wood says:

    Hi

    I just need an advice my brother received a gift from my uncle about 15 years ago for which money was not passed in regards to this transaction. My brother owed me £125,000.00 plus interest and he decided to give me that property.

    My brother is now in the process of divorce where does this leave me regarding this property will it have to be taken into divorce settlement will I need to give back this property?

    Regards

    Gary

    Regards

    • Kate Nestor says:

      Thank you for your comment. To start with I would recommend giving our Client Care Team a call on 0330 404 2912 or email at [email protected] and they will be able to help you. Thanks.

  98. Sheila A. Nunn says:

    Hello,
    I was divorced June 2y, 1992.
    The jugde ordered my ex- husbands attorney to sit down with us both to map out our agreement. The changes were made that we both agreed upon. The agreed upon changes were handwritten. I read and signed the divorce decree.
    Now I had to get a copy of the expediteddivorce decree and I see that the terms have been changed.!
    How is this possible. I have been written out of my lawful ex-spousal benefits. What must I do? I’m not to recieve my portion of pension and other lawful monies. Married thirteen years in Chicago, IL

  99. Craig Redmond says:

    Hi,
    My ex wife tricked me into signing the house over while I was hospitalised for 12 weeks heavy sedated.
    I didn’t know I did this?
    She has scam me out of approx 50,000 pounds, if there anything I can do? My name is still on the mortgage and she’s demanding I take it off.

  100. Karen R Rymer says:

    This article is full of information, waiting for more like this. I have also found an article anyone can check for more information.

  101. Suzanne says:

    Hi

    I’m not sure if I’m coming or going.
    I’m distraught. 1994 was divorced.
    2 children my ex worked in Switzerland, Austria, America. I accepted monthly maintenance made sure he paid joint mortgage,. He sold the house I didn’t receive a penny. 9f it. His words I worked paid mortgage u sat on ure ass. Seriously!! 2 SMALL kids guess they raised themselves. Anyway. I’d never seen that much £900 per mth for kids and n myself. As he only gave me £100 a wk n 0ag gas etc shopping. I am so so stupid. Found out 4mths ago he got paid in an acct in Switzerland then Cyprus and only certain amount sent to joint bank acct. Jesus which he gave lawyer evidently they worked whatever out solicitors I gave up my rights to his army pension etc. A feel sick. But his lawyer didn’t know bout bank accts abroad. AS income RBS jointaxxt. Feel so stupid. Since divorce he has lived in UK working for same company self employed my daughter was 4 yrs old he told me he told tax ppl he back in country nndnow paying tax 2 payments of £10,000 a Yr! And slipped up since my daughter was 4yrs old too 18yrs old was in UK all the time. Never paid tax national ins christ him n new girlfriend got a house built to their specifications hadn’t been built then!
    So. I feel so ashamed and so stupid he said u think I have was gona pay anymore than agreed amount in divorce! Who in their right mind wld pay that n mortgage that he sold I signed as joint mortgage and he kept it all. I was scared of him. N. Now all this self employed hires n fires staff works from home. Has done since my youngest 4yrs old. Emotionally ill, severe depression n severe insomnia etc several breast surgeries. Excelled throw £T my kids well ours. 24yts raising my dUghtwr left to move to England Newcastle only just got job lSt Yr!
    DXdy payed 6mfhz rent her billa
    She makes after tax n n/ins £1 500 roughly my head all over the place. He’s put me In severe debt had to get Back to trusted Deed.. He wld pay one mth state he hadn’t been. Paid yet, and so one mths money had do me two mths! Its just a kept spirling out of control cldnt catch up.. He goes 4 holidayz a Yr! Chose his girlfriend over his kids. Omg someone help me pls. Am not a greedy person always give n help anyone whom needs ita diapite alot of disabilities. Sorry to be a burden!!

    • Sally Shakespeare says:

      Hi Suzanne. Sorry you have gone through such a difficult time. I will pass your comments on to our Client Care Team who will be in touch to see if we can help. Best wishes

  102. Kate says:

    My ex chose to vary our joint lives spousal order, claiming a lesser income than he’d perjured in divorce 10 years previous. At the FDR judge agreed with my ex saying a fair final payout for relinquishing my joint lives spousal maintenance order £1400pcm was £26K. While my barrister bartered we manage to raise to £40K. I have no pension. A mortgaged home I can’t afford. While he pleaded poverty within variance of order he then purchased a property twice the size of previous. Going on luxury holidays etc… The ombudsman sided with my legal team. Other solicitors have confirmed prof neg. That I could have achieved £115,150 through Duxbury method on his declared distrusted income. An accountant has recently confirmed he was deferring income through salary sacrifice of his not for profit employer. Yet the fear how is, I’ve left it too late to take it back through court. In fact court chose to strike out on grounds of my failure to comply. I’ve spent tens of thousands of pounds. A divorce that lasted 4 years due to his money laundering and perjury yet it went ignored by the divorce courts. I know so many single mums, trying to raise children in poverty while their ex’s are living in luxury. The courts really do need to wake up. As my accountant has said, while solicitors appear to be good with words. They’re not so good with figures. Many will assume there’s no smoking gun…. chosing phrases like …”we have no proof…. “evidence to suggest….” when what they should be advising their clients is to seek a forensic accountant. Good on Stowe for having such a service. It’s just a pity you only appear to handle high value cases……

  103. Sandra says:

    the problem is a legal system made by men for men advantage. i spend almost £30K in solicitor and a barrister for 1 day and they were absolutely useless. they knew and did not want to acknowledge the coercive control act 2016 – they had no clue what it was- and the pathetic “just get it over and move on with your life” ” you are so lucky not to have been hurt” pathetic condescending patronising.

    • kevin says:

      all us divorcees need to get-together and take the government to court over court fixing ,but we need a barrister that is not under the threat of not getting any more work like thay did with the secret barrister when he tried to organise a rally in London. this is what thay ar doing now to cover things up.The Times would have been better getting a quote from a solicitor about this. Very few barristers will ever have been involved in divorce applications. They are undertaken by solicitors all the time. Defended divorces (when you might need a barrister) were rare under the old fault-based divorce and are impossible under the new no-fault system. Disputed divorces (on jurisdictional grounds) are likely to be rarer still under the new system.

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