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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.

Financial Disclosure

4 replies

CDav325 · 14/02/2022 16:24

My STBXH and I separated a year ago. At that time we agreed to go the consent order route. We don't own any property or have children, but have a joint bank account and several ISAs in his name that we were using to save for a house. We earn roughly equal salaries, but he has several cars and other assets in his own name. We agreed to split the savings evenly although I've not seen any statements and have taken his word on what the total value of all the accounts is. There was also a bit of confusion over how many accounts there were in total (I thought there was an additional one but he denies this).

A few months ago I received a copy of the drafted consent order. In the time since our original discussion around finances I have appointed a solicitor who has requested us to complete a more detailed financial disclosure. I'm happy to do this but my ex has refused. Is there any logical reason why he would object, other than the possibility that he has not been truthful about his finances? I need a bit of reassurance that this is worth pushing for, because the whole process is causing a lot of stress.

OP posts:
Crumbs22 · 14/02/2022 16:42

Well yes, he may not want to disclose everything but the whole point of a consent order is that both parties disclose their full financial details with each other. Then come to an agreement about how finances are shared. You each will have to sign to say everything you have given is true so if there are any queries, you have to discuss before agreeing. I heard that the simplified consent form is now a lot longer for more details. I believe the full consent order is called a Form E and that's the very detailed one where all supporting documents are also attached.
You do have to push for his details because otherwise the consent order will not be possible.

MayMorris · 14/02/2022 16:49

Yes, as crumbs says you need to do a form E and he needs to provide evidence of that. If you agree on how to split you then get a solicitor to draw up the consent order and you summarise at higher level your financial disclosure on form D81.
You have to disclose- he don’t get an option
You see it-if you don’t believe it you get him to provide evidence.
Signing something that is a legal declaration that you’ve lied on is criminal offence
If you’re disputing then you’ll likely need a solicitor and costs will rapidly mount. Make the point to him to just come clean immediately. Anything else won’t change it- it’ll just cause stress, waste time and cost more

MayMorris · 14/02/2022 16:53

I should say if he’s saying he won’t disclose and you don’t agree to consent order based on you don’t believe him, it could go all the way to a hearing and the court will make him disclose . His choice. But in 5he end he’ll be forced.
I’d advise him to read up on process and inform himself it’s mandatory to disclose fully and legally unless you are prepared to go along with it

CDav325 · 16/02/2022 13:11

Thanks all. He is claiming that because he filled out the D81 form he doesn't have to provide additional information.The form my solicitor provided asks for assets to be itemised rather than just a sum total, and also asks for monthly outgoings.

If he's provided full disclosure in the D81 the additional form should be very quick to fill out. The fact that he is refusing is a red flag to me that there's something he doesn't want me to disclose.

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