what to do if he won't declare his finances in divorce

[popalot]

A relative is going through divorce proceedings with a man who emotionally/verbally/physically abused her for much of her 40 year marriage. She has managed to move out (receiving housing ben until she gets her money from the divorce).

The problem is, the divorce has stalled because he is ignoring requests to declare his financial assets and won't allow anyone in the house to value it.

Can she ask her solicitor to then guestimate how much he has in his pension and how much the house is worth? Is there any way to force him to allow the house to be valued and sold? Where does she stand legally? The housing benfit will only pay out if the divorce is in progress. He seems to be able to have stopped this by simply ignoring requests to produce financial data. Is this right? What can she do?

ok, thanks babybarrister. I think money is a concern because she came away with very little. Good to know the court can enforce orders to get the info.

I hope this excuse of a man gets to pay the courts baby barrister.

Maybe a letter from OP solicitor saying something along the lines of

Failure to comply with the necessary paperwork will result In excessive costs to the person holding up the proceedings!

That might do the trick!

When no court application has been made disclosure is voluntary so he can ignore requests. If your relative (or the solicitor on her behalf) starts court proceedings its a different ball game. The court then requires disclosure and there are sanctions and penalties for non compliance which helps focus the mind!

If he was abusive, could she not receive legal aid still to obtain a non molestation order from him and occupancy of the home and he to be excluded from it?

Getting legal aid isn't straight forward. TO be eligible someone needs to be on a low income and provide evidence that they or their children are at risk of harm or have injuries or a condition caused by abuse or violence. Evidence is in the form of a letter from the police, a doctor or other health professional, a social worker, the courts, a multi-agency risk assessment conference (MARAC), a refuge or DV support services.