by smurfergirl  16/01/2016  791 Page Views
4 Comments  Family & de facto law, financial agreements, consent orders
Ok guys, here goes nothing, I split with my second husband almost two years ago. Prior to meeting him in the late 90's, I owned a house almost outright (the mortgage was tiny), a vehicle outright, significant savings and had no other debts. All he had was debt from the wash up of his first marriage plus a couple of vehicles (one which had a personal loan on it) and some parts and a small collection of model vehicles. In effect, his net worth, excluding super was almost zero. We moved in together almost immediately, were de facto for two years and married for 13 before separating and yes, I have filed for divorce.

I moved into his house and rented my house out, it was professionally managed and maintained and he contributed nothing to this house up until it's sale. I then used the proceeds, after paying out the CGT, to fund the purchase of the matrimonial home, he later contributed a much smaller amount of money from the sale of his home, about a month after we moved into the matrimonial home.

Over the course of the marriage, he borrowed against the equity in his house and took out several personal loans and his credit card would be maxed out constantly, whilst I maintained savings and always paid my credit card out in full every month. I also worked full time until I was made redundant and then, as we agreed, I took up part time employment in a lower role, as I am unable to do my previous role part time. My parents are elderly and caring for my disabled sister and I help out with them.

During the marriage, he also acquired over 20 more vehicles, (some behind my back using loans) as well as purchasing loads of parts and other collectibles. (These collections grew dramatically during the marriage, as he became obsessed with them.) He also had to pay massive amounts of CS to his ex and was always pleading broke and refusing to tell me where his money was going. He is now claiming these collectibles are almost worthless.

He is claiming I never did any cleaning and couldn't pay my own mortgage, which is why I moved in with him, which is garbage and I have proof of this. I also didn't contribute to house improvements, which is garbage too, I even have evidence in writing from him, stating that I did pay for improvements to the house. He is also claiming that everything he did financially during the marriage was MY fault, not his. Mind you, I don't ever recall holding a gun to his head, at any stage, and marching him down to the bank.

I have tried to negotiate with him and have no success, he has responded with stunt, after stunt, after stunt, so I have now had to bump it up to the Court system. My solicitor and another solicitor is of the opinion that I should receive 65-70% of the asset pool due to my contributions, lower earning capacity and future needs. My ex is of the opinion he should receive 45% of the proceeds of the matrimonial home, which has been sold, and all of the collections. My ex is now a high income earner. We have both repartnered and his partner doesn't appear to work, mine does. He also received a large redundancy just after separation, which he has frittered away.

His affidavit is full of lies, errors and contradictions. What are your thoughts of him succeeding or should I just stop worrying, as I have documents which disprove what he is stating?
smurfergirl2016-01-16 14:26:15