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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.

too scared to spend waiting for divorce will I now have to show receipts?

15 replies

Goingthrough · 28/10/2023 21:44

I filled in my Form E and my 'needs' form for me and 3 children. Asking for spousal maintenance. Have since panicked as I don't know how this will all end up and what future looks like so have spent as little as possible in this interim waiting to find out financial situation. Now that court looks very likely I have been told I am going to have so show receipts and bank statements and will court believe why I haven't spent what I said I need to spend for them and me? Worried as to what to do. Any advice very gladly received.

OP posts:
NotSuchASmugMarried · 28/10/2023 21:50

Who told you you had to show receipts? Bank statements yes, receipts no.

And you should be spending more, not less - to increase the amount of spousal support you might be awarded.

NotSuchASmugMarried · 28/10/2023 21:52

Ring up your gas, electric and water company and ask them if you can increase your direct debit because you're worried it's going to go up over winter.

then put the increased payments down on your Form E.

When divorce finalised get refund of overpaid utilities.

FSTraining · 28/10/2023 21:57

Dirty tricks of spending more than necessary will be easily picked apart by the other side by looking at 12 months of bank statements. Lots of people increase spending in these ways and courts are used to it; it won't make a difference, except maybe to antagonise the other party and protract the proceedings.

Spousal maintenance is pretty rare too. Presumably there is a very high income/inability to work?

mrsfollowill · 28/10/2023 22:05

I think you should just carry on living in your usual way - so spend as if this wasn't happening and then you are showing your normal needs/expenditure. I wouldn't go and buy chandeliers and diamond shoes but presumably you don't do that!

Shinyandnew1 · 28/10/2023 22:07

Spousal Maintenance is rare-what do you/he earn?

Redlarge · 28/10/2023 22:18

I wouldnt worry. The two judges that dealt with mine didnt give a fuck. Say what ever you want on the form. My ex did.

assignedmeowth · 29/10/2023 00:21

I would warn you to manage your expectations on SM. Its incredibly rare these days, unless your DH is a multi-millionaire/professional footballer etc.

What is his salary?

BoothsChristmasBook · 29/10/2023 00:26

You're spending as little as possible to try and prove you need as much as possible? Confused

What makes you think you'll get spousal maintenance?

Josiekitty · 29/10/2023 07:07

How far back do you have to show bank statements and is this just if you go to court?

Gensola · 29/10/2023 07:18

Spousal is quite unlikely, even if it is awarded it is very likely to be for 1 year or another limited time. Judges don’t like it these days.

gotomomo · 29/10/2023 07:28

Unless your husband is a very high earner £100+) you are unlikely to get awarded spousal support and even then it's likely to be 3-5 years/to complete a specific course etc. unless there's very specific reasons.

gotomomo · 29/10/2023 07:30

Unless you are withdrawing huge amounts of cash they won't be interested in receipts just your statements. Just spend normally, how you reasonably live (so going to coffee shops twice a week fine, if you are going twice a day that could be brought up)

VeneziaJ · 29/10/2023 07:33

Ordinary people rarely get spousal maintenance as others have said, are you sure you are not referring to child support which is totally different?

FSTraining · 29/10/2023 08:23

gotomomo · 29/10/2023 07:28

Unless your husband is a very high earner £100+) you are unlikely to get awarded spousal support and even then it's likely to be 3-5 years/to complete a specific course etc. unless there's very specific reasons.

It isn't really based on a particular amount of earnings but absent any other factors (e.g. SEN child, recipient ineligible for benefits because they are foreign national, long term health issue, close to retirement and not likely to be able to find work) the salary would normally need to be a lot higher than £100k now, especially if the payer is also paying child maintenance for 3 children already.

However, presumably the OP has consulted with a solicitor and has grounds.

alwaysmovingforwards · 29/10/2023 10:30

NotSuchASmugMarried · 28/10/2023 21:52

Ring up your gas, electric and water company and ask them if you can increase your direct debit because you're worried it's going to go up over winter.

then put the increased payments down on your Form E.

When divorce finalised get refund of overpaid utilities.

Yes if true.
If not the case it's attempted fraud to manipulate a biased financial outcome.
Solicitors are pretty hot on this, and if called out will undermine and demand additional scrutiny of everything else - which costs time and money.

So it's terrible advice.

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