Do I have to declare my financial situation in DPs divorce?

[finances101]

I will try to keep the description of the situation short.

Me and DP have been togther for 4 years, we have just moved in together. He began divorce proceedings 5 years ago. His ex has delayed every part of the prcoess, he has the Nisi and is attempting to get a clean break order. His ex has applied for a £250,00 lump sum (was rejected at the first hearing) and spousal maintenance.

He earns £20k and she is on benefits that total just over £20k - no house or assets. She has never worked (they are both mid 30's) and therefore has no pension - he is happy to share his pension. They have 2 children (8 & 10), he pays via CMS and they stay with him 3 days per week.

He needs to report the change of circ's to court before the next hearing - but I am confused - will I need to provide my income? bank statements? We pay 50/50 on household bills but all other income is separate. Will he need to complete Form E again? I have one dependent child with me (her dad pays no maintenance and has no contact). I dont feel comfortable with his ex having details of my income as I am a private person and his ex has sent abusive emails to me in the past.

Thanks for any advice.

Sorry just saw this - the answer is no.

You are not a party to his divorce. He just needs to reply truthfully that you keep your finances separate. His bank statements will verify this. Just make sure you don't marry him or open up any joint account until he has a consent order

You don’t have to no.

However, if your child lives with you both, your DP needs to alert CMS, and his payments to his ex will change (decrease usually) as there is another child of whom he will contribute cost towards (food shopping, petrol, etc). CMS will need to know about your daughter living with your DP, whether you want to tell them or not, but the courts may want to know aswell.

Why is spousal being offered when he has a low salary!?

No you don't and even if his solicitor suggest that you do, don't.

It's nothing to do with you or your income.

The longer answer is that he will have to tell the court what he knows about your income and capital.

If there are truly no assets of the marriage save for the pension he should have nothing to fear. Earning £20k pa this is not a spouse maintenance case.

You don't have to do anything at this stage. Your partner must disclose what he knows of your financial position. He cannot be ordered to provide your payslips etc as they are not his to disclose.

If that isn't enough for the ex, she can write to you requesting information. If you don't provide it, she can ask the court to consider ordering a production appointment, when you are ordered to attend court bringing along your papers, and the court will decide what if anything she should see.

The court has a duty to manage cases and limit evidence to what is actually needed, so I suspect she won't get far, especially if your partner gives sensible information at this stage.

I’m a little confused-where does she think he was going to get £250000 on a £20k salary?

I don’t think he earns enough for her to claim spousal maint.

Where does the figure if £250000 come from? Either he has an outstanding pension or they had a large house with no mortgage on it? Or, it could be, she’s taking the piss.

The OP wrote £250,00. I'm assuming they meant £25,000 🤷‍♀️

I don't understand why he ought to have to provide any spousal support when he's only earning £20,000 and she's getting the same. He's supposed to put how much money he thinks you have, if he's living with you, on the Form E.