D81, Disclosure, fed up with the whole thing!

[AvenueMocha]

As background STBX have had a conditional order granted and been separated 2 years. Mediation dragged out as he never properly disclosed income and he's doing the same thing again.

We are now at the point of submitting D81 and consent order to court but he still hasn't fully disclosed income and I don't know what to do.

We don't own a property, he rents but has told me he is looking to buy a house with his new partner next year. He earns £85k in his main job and an undisclosed sum freelance but at least £15k per year extra based on bank statements I've seen. I earn £18k in my job and obviously get UC, CB. He pays maintenance for our DD £250 pcm, and custody is split 60/40 me/him.

My pension pot is £5k, he has two pension of £210k and £50k at least (no up to date valuation for this one).

Settlement has been agreed at maintenance via CMS for our daughter, 50% of the £210k pension to me (as this was acquired during marriage), he keeps remaining 50% and the £50k+ one and cash sum of £3k to me as a lump sum 'spousal' maintenance.

So far my solicitor has requested bank statements for his 'business account' which he says he can't provide, a self assessment for his freelance work which again he hasn't sent over, a completed D81 which he hasn't provided and yet he's chasing me to get the divorce agreed and get it submitted to the court as it's 'taking too long'.

My solicitor has said if I instruct her to submit things as they stand I'll have to sign a disclaimer as she cannot advise I do it, but I cannot afford to keep fighting. I don't want to throw money at this as I'm not going to come out with much anyway, but I also don't know what to do if he's not disclosing his income as surely the court won't be able to judge whether it's fair?

Any advice much appreciated I am at my wits end after a year of this!

So what does your solicitor advise as an alternative to signing the disclaimer?

They haven't really said much other than we can ask him again!

Are you saying he keeps the 52k one?

Yes and we split the bigger one 50/50

Well… worth a shot surely?

Oh absolutely I just know how it will go as it was the same in mediation, dribs and drabs of information but no full clear picture.

Well you need to find a solicitor that has a bit more “ooomph” about them and their letter writing skills

Btw they never ever take pension value at face value

we had to have a pension forensics analysis to determine the true value of my ex’s pension. It cost a thousand but was so worth it in terms of being an objective stance that neither of us disputed

The Court can order him to file various documents (eg bank statements and self assessment etc) by a set date and attach a penal notice to the order, which means he can be sent to prison if he fails to comply with the order. Your solicitor would need to make an application for this to be done, that should focus his attention

Thank you, when you say face value, we have CETV, but my solicitor said we should get a forensic analysis done and I cannot afford that. He won't agree as he didn't want me to have anything from his pension at all. He knows I can't afford it myself, like with all of this he knows he's in control as he has the money to pay to argue whereas I don't.

I was going to say this

my friends dh refused&dragged feet till he was ordered or possible prison

Thank you, this is helpful. I wonder what that would cost!

CETV…. Means very little

forensic analysis is the definitive
suggest halves but as I say, it was £1k (ex paid!)

How Old are you both?

My pension pot is £5k

that is…. Very low. Why didn’t you add to it during the marriage?

Can you ask the court to compel him to comply?

I worked part time around my older children and then our daughter, and was self employed for quite some time. We knew his pension would be very good by the time he retired so tale as old as time I didn't worry too much about it. Silly me.

But surely by now Employer contributions would have reached more than £5k?

It would be nice if they had but unfortunately not!

Remember sharing starts from day one of living together not just marriage date.

Your solicitor would advise you on her fees, but the Court fee would be either £60 or £190 depending on whether your solicitor made an application to be considered without a hearing (£60) or with a hearing (£190). If you are on low income you can apply for exemption of the court fee.

Hopefully the cost will be less than what you will get in the settlement.
Don't let the upfront cost put you off.
If necessary, borrow, or come to a payment by instalments agreement, or payment-at-the-end agreement, with your solicitor.

But it makes sense to pay several thousands in fees to get back potentially tens of thousands in the final settlement.

My friend was £767. - £167 court fee and then 2 x £300 for SOLICESTOR

I tried chat gp and got this

Likely Cost in
Your
Situation

Since he’s refusing to provide bank statements and his self-assessment, you’re looking at a straightforward enforcement application, unless it becomes contested.

Expected cost range:

✅
£700 – £1,500 total

(based on: D11 application + solicitor drafting + short hearing)

Breakdown:

• Court fee:
£167

• Solicitor drafting the application:
£300–£700

(depends on how much detail your solicitor needs to put in)

• Attending the hearing:

• Solicitor: £250–£500
• OR a barrister (if needed): £300–£600

If the case becomes contested (e.g., he argues he “can’t find” statements or refuses to file a tax return), it could rise to:

⚠️
£1,500 – £2,500

But most of the time, he complies once the penal notice is attached, so you usually don’t reach that higher bracket.

⚖️ Can you reclaim the cost?

Very possibly, yes.
Courts often make a cost order against the non-disclosing party if they’re being obstructive.
So he may end up paying some or all of these costs.

⭐ Practical tip

Judges really dislike when people refuse to give bank statements or tax returns, because it’s basic financial transparency. A penal notice almost always “focuses the mind” and gets compliance before anything severe happens.