Both retired with smallish pensions. Children grown up and left home. House jointly owned and paid off. Long mostly unhappy marriage!
I am trying to divorce as cheaply as possible as we will try to buy separately and money is very tight. We want a clean break. I have the decree nisi.
H originally agreed on division of pensions and 50/50 the house. All other assets and savings (personal as we have had separate finances for years) to be left out of the equation.
I can apply for the absolute in a few weeks time but now H has refused to show me any evidence of his pensions. I know they are more than mine so he will need to pay part of one to me to level out our finances. He has consulted a solicitor. I can't go any further if he refuses to cooperate and to get the relevant documents from his pension provider.
What happens if I just get the absolute with no financial order set up?
How do I force him to disclose the financial side of things?
He agreed initially to us both having a similar income after the divorce but has changed this after speaking to the solicitor. She has said though that the outcome will be a 50/50 split.
if you cannot reach agreement eventually there will be a financial hearing and if he refuses to disclose his pension amount then he can be forced to do so. Why don't you know it though? I don't understand how people can be married for a long time and not know these things. Do they hide their post and bank statements for 20 years from their partner? That seems really weird to me. I did both of our tax returns. We each had total access to the other's affairs as we were married.
I had no idea what my XH had in the way of pension and I did all the finances for 15 years. He just paid into a pension fund from his salary. Likewise he had no idea how profitable my business was - he left it to me entirely.
I'd just sit it out and wait for the court hearing. Then tell the judge he won't provide pension valuations. That'll get him moving.
I don' think you'd need a solicitor if you're just going to court to tell the judge he won't disclose any details of his pension. You might feel intimidated, but you could do it. You could also ask for court fees to be awarded since he was being obstructive (just an idea - I have no idea if this is allowable).
Thank you. H has always been secretive and has cancelled all bank statements in case I looked! Which of course I did before he stopped them. . (Not opened them! they were just lying around and this was pre divorce) so I added them up and it was around £300 per month more than me but can't remember providers etc. not even sure if this amount is worth dividing, although I will be on a very low income if I don't. Which is why I want to know if it's worth the effort.
I think there is no option but to start paying fees as he is being obstructive. I'll certainly ask for the fees to be paid by him, but I'll call the court and see if I can get a solicitor to look at it all.
Thanks babybarrister. Not sure if you will read this but what happens if H applies for the absolute, which he can do 3 months after my 6 week period? I am looking at a family solicitor locally. Can I delay this being granted until he discloses or agrees on the financial side?