disclosure of partner's assets(20 Posts)
My partner (who I live with and have had a baby with) has been going through protracted divorce negotiation (4 years and counting.) FDA finally coming next week.. he has provided full disclosure but they have been going on and on about my assets and how I should declare them with evidence i.e. mortgage statement etc. I do own a property (not suitable for us to live in) but his solicitor has said I am not a party to the divorce so beyond the question on the form E 'to the best of your knowledge' etc I do not have to disclose anything. Now they are saying they are going to ask the judge to order disclosure of my assets! Anyone had experience of this? How common is this and how likely is this? He's already offered her all the equity in the house & will pay her considerable sum in child maintenance despite her earning 30k net in benefits but she is insisting on nominal spousal as well, which is why it's got to this... anyway, that's by the by.. has any partner in a divorce been forced to declare their assets with evidence by a judge or are they just trying to rattle my cage (and to some degree, succeeding..)
I suspect it will hinge on:
- what the difference in their income is
- whether she can afford the mortgage to rehouse her and any children
- whether he is claiming that he needs to rehouse himself (if you have a property that will be a factor)
- whether he is claiming that he is paying all household bills etc (your own income would be factored in because it'd be expected that you would share bills between you) and so can't afford spousal maintenance
Is there any reason why you want to keep this information secret? They are just trying to establish whether his declaration of his financial and residential situation are true. Has he been honest or is he trying to pretend that he is homeless and destitute?
If she is making an unreasonable claim, the courts will see that. Why be obstructive? Honesty is the best policy.
He is being honest yes. We've declared everything they've asked, he's supplied all the documentation. He's not said he's homeless and destitute!
We have a home, it's just that it's rented. She wants him to stay on the mortgage of the FMH even though he will have no charge over it. She can't afford the mortgage no - she could rehouse with the equity but is refusing point blank to move.
We are not hiding anything. But as per my original question, how common is it that the judge actually force disclosure on third parties? I can't find anything about it online.
Surely if you live with your partner and also bring in an income this should be taken into account?
He has children with this woman and should be doing all that he can to provide for them, which includes declaring a rental property, of which he benefits from the income.
IF you are both being honest, then just declare it and minimise the cost of solicitors chasing you both to resolve this.
I don't think there's a law to make you disclose so wait for court order.
Yes, I live with him, it should all be taken into account, we've declared it. I don't bring in an income at the moment as I have a very young child but I have in the past and I have the potential to - that's not in dispute. She says she can't though.
There's no legal obligation for me to produce the paperwork and so far I haven't. But I was asking if it was common for a judge to make me disclose as a third party to the divorce. I shall wait for court order (or not as the case may be..)
It's also the principal of using my assets to get more for herself, even though she is not in hardship (at all) and has a home for her children.
What if we split up? He's left with nowt. Having seen how horribly wrong marriage can go, it's not as if I'm going to leave myself vulnerable is it?
I have been in this situation with DH's divorce. In his case exW's solicitor were chancing their arm in the hope that there were pools of dosh we had that should be going to her. I stated that I was not a party to the divorce and did not make any disclosures for his Form E or by letter or email. The court did not force any disclosure so it seemed that it was just a standard request.
Don't get rattled, OP! I know there are lots of lovely lovely solicitors out there, and most of the time they are just going through the motions. You are just not used to these (to you) rather threatening sounding requests which may very well not go any further. ExW has no claim on your assets as they stand.
Freda did you live together at that point? Just about to exchange Form E's myself my dp is nothing to do with the divorce either but have given info on his salary and assets
FTS, my information was that I did not have to disclose anything unless compelled to do so by the court. In my case it would have been a (rather funny) hiding to nothing. You may be able to leave off any of DP's information, that's what we did it and it was OK. HTH.
Perhaps I should clarify a bit more. DH stated on his Form E that he did not know about my financial affairs, which was the truth. That was all that was required of him and without a judge's order they could not pursue me further.
I was in the same situation as Freda. Rented with my partner. He did not know my finances and I was not forced to declare them. I did provide evidence of what I contributed to household bills but that was all. As far as I was concerned I was not responsible for financing a partners ex wife when there was no guarantee that we would stay together. The court agreed.
He did disclose my assets as best he knew them on the form E. She knows I have a property. We have been open. It's the threat of being ordered by the court to fully disclose i.e. produce documents/statements that I am bothered by. They haven't come up with a justification for it yet but the threat remains and maybe that's the point. We haven't lied. It's not as if my partner is asking for the money in the FHM right away (or even ever if she decides to settle sensibly.) Wherever I look on the internet it seems to say it's possible that the court will order me to disclose but it's very rare so I feel comforted by that. Solicitor tactics....
Oh by the way RolandaHooch, did your partner's ex wife ask the judge for official disclosure? I think it's also quite unusual that they are pushing it this far.. like you say, what if we split up?
I'm a solicitor but don't know anything about divorce I'm afraid but wanted to say that 'being ordered' is simply a request to produce information and nothing more - if that's what you were at all worried about. You wouldn't be in any 'trouble' unless you failed to comply with an order that had been made.
Sorry if that's a totally unhelpful thing to say!
Yes, she did ask the court. She also used some very underhand tactics to try to establish my financial background. This was a woman who wouldn't even listen to her own barrister. My DP simply explained that we were renting together and that the relationship was under a lot of strain due to the ex wife and could not be guaranteed to last. The court denied her request.
Sounds very like my situation RolandaHooch. There is a sense of entitlement with her that goes well beyond normal & into narcissism. The hyprocrisy is astounding. Your story comforts me, thank you.
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your income has nothing to do with ex or divorce lawyer
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