I realise this might be better in Legal Matters but I’m posting here for traffic as I need a quick answer. I’ll try to be brief.
I’m divorcing STBXH. Things have dragged out for 6.5 years because he’s been difficult. I took him to court in the end because he was refusing to acknowledge solicitor’s letters.
We had to fill out a Form E for court disclosing all our financial info. STBXH failed to disclose a pension policy on his. I found out later of its existence when he drew down £35000 which is 25%.
We were about to sign a Consent Order at this point which would have basically seen me come away with nothing and him getting the house until he dies. We own 25% between us, so not loads. It’s quite a complicated situation but basically I’d have got nowt.
Any road, I found out via his solicitor about this pension that he’d not disclosed. He’d presumably told her about it and she’d told him she had to tell me otherwise he might be found in contempt of court if I subsequently found out, presumably also landing her in the shit. It was dropped out casually in an email. STBXH had offered to pay the conveyancing costs as recompense for his windfall.
I was representing myself at this point as I’d run out of money for solicitors. I refused to sign the Consent Order and applied to court for an injunction to stop him spending the 35 grand. It’s more than enough to buy me out.
We went to court and he agreed to buy me out, and while the new Consent Order was being drawn up the £35000 would be held in his solicitor’s client account so he couldn’t touch it. This was ordered by the court.
So, here’s the thing. When you sign a Consent Order you have to fill out a D81 form, which is basically a full financial disclosure. It comes with the usual warnings that you can be held in contempt of court if you don’t tell the truth.
STBXH still hasn’t put the figures for this undisclosed pension policy on the D81, so I still don’t have full financial disclosure. Also where you fill in your monthly income he’s put a figure which includes ‘contributions’ from his cohabiting partner.
So, my questions are these; Am I right to refuse to sign anything without having a full financial disclosure? And, should STBXH include all of his cohabiting partner’s income, not just ‘contributions?’