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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Form E - potential dishonest disclosure

5 replies

INeedaCalculator · 13/02/2022 13:10

My STBXH and I have each completed a Form E and our solicitors expect to do an exchange in the next few days.
I have been completely honest with mine but I suspect STBXH's Form will have some glaring omissions. eg. His lifestyle will not match up with the outgoings on his bank statement for a start. Since I left the family home 4 years ago after a thirty five year marriage he has involved himself in a very expensive new hobby. He runs his own business and pays himself a modest salary which would nowhere near cover the costs of his new interest. He does however have ample opportunuty to do 'cash in hand' jobs which I'm convinced are paying for the hobby.
Will I see his Form E or is it up to my solicitor/a judge to interpret it?
He wasn't honest during the last few years of our marriage so I have no reason to assume he'll be truthful during our divorce. And would his/my solicitor involve HMRC if they saw blatant rule breaking?

OP posts:
Crumbs22 · 13/02/2022 14:21

You will definitely get to read the entire Form E plus all the supporting documents which can be numerous. Then it's up to your solicitor and you to query anything. You each have to sign to say that all the information you give is truthful and you do need to be satisfied that his info is as correct as can be.

demolitionduo · 13/02/2022 14:37

You see the form and can then raise questions if you feel there are discrepancies.

I did try and fight my ex's declarations as his job pays cash in hand a lot. However the amount it was costing me in legal fees to dispute everything was not proving cost effective long term.

In the end I just accepted it and settlement was based on the original Form E submissions.

INeedaCalculator · 13/02/2022 16:21

Thanks, that’s really useful. He’s such an entitled man. I’m dreading the whole process, especially as it’s likely to cost me a small fortune to add to the stress!

OP posts:
MrsBertBibby · 13/02/2022 16:46

Neither solicitor should report to HMRC. There is an implied undertaking as to confidentiality which means neither of you should show the documents to third parties.

The Judge can decide to report law breaking, but this is extremely rare, as the courts want litigants to be open and if they are scared they will be dobbed in, they won't, and the courts won't get anything done. So it has to be pretty serious stuff to be reported, not just a bit of cash in hand.

INeedaCalculator · 13/02/2022 17:07

That’s interesting MrsBertBibby.
Thanks.

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