Divorce
Ending the marriage- the process to decree absolute
Financial issues in divorce- ancillary relief
Divorce and Pensions
Children
Divorce advice for men
Divorce for non residents
DIY divorces
Costs
Timescale - quick divorce or not
Wills & divorce
Legal Aid
Injunctions





 

 

 

 

 

 

 

 

 

 

Miscellaneous
Prenuptial Agreements
Cohabitees
Judicial Separation
Changing surnames
Civil partnerships


Contact
Contact


Legal Stuff
Disclaimer
This is a UK based forum about divorce and related issues. Feel free to contribute. Your experiences or opinions may help others. The links on the left lead to basic information about most common divorce questions. The information opens in a separate window. You can use the search function to search the forum.
User: Log In Create A New Profile
Actions: New Topic Print View RSS
Search
History: Home UK Divorce Forum
Topic:
Refusal to co-operate with Financial Disclosure (6 Posts)
Started By:
Date:
24 October, 2017 11:28AM
Refusal to co-operate with Financial Disclosure
Jingle - 24 October, 2017 11:28AM
Will try and keep this brief:

Divorced in June 2011 and we both, initially, remained in the marital home with our (then 10 year old) son. Neither of us could afford to buy the other out. Had one mediation session but ex-husband refused more and was pretty confrontational and aggressive when the mediator said we'd need to know the value of his pension as that would be taken into consideration when sorting the property.

Ex-husband then moved in with a new partner but continued to come and go in the house when he wanted.

Split with the new partner after 2 years and moved back in for a few months.

Left in February 2015 to move in with our next door neighbour (yes, not ideal) but again he continued to let himself into the house, mainly when I was out at work/away.

I know want to resolve the situation with the house and have engaged a solicitor. My ex-husband and I earn roughly the same (he gets slightly more) - I only take home around £18,000 after tax, I have a temporary 12 month contract with has been renewed twice but is subject to funding. He has been with the same (large, national) employer since 1994/5. My only pension plan is with the company I a currently with, so is virtually worthless.

He has ignored the first letter from the solicitor about financial disclosure, and her request for him to respect my right to privacy (ie to seek my permission to enter the property whether I am there or not) and her follow letter advising we are now ready to exchange information.

My solicitor tells me the only 2 options now - as she can't force him to disclosure his financial information - are mediation or issue an application to the court (which I know will be incredibly costly and I simply can't afford).

I suspect he wants to wait until our son is 18 in 2 years when he can force me to sell and split 50/50.

I have taken full responsibility for the property and all bills (I paid the mortgage throughout the 23 year marriage and continued to do so until its completion in April this year - the property is worth roughly £135,000-140,000). He pays £140 a month for our son (who is now at college).

I'm at my wits end, fearing I can end up with masses of debt and without my home. I've already paid a solicitor's bill for £600 for a few emails and 1 letter (I've not had the bill for her follow up work and second letter yet) and am feeling very, very scared and trapped.
Re: Refusal to co-operate with Financial Disclosure
Andyk - 24 October, 2017 12:16PM
The only way that you can progress this I believe is to force this to a final financial resolution where the courts decide for you, that may galvanise him into action. It would appear that your ex husband is not interested in getting this done which as you say he is probably waiting until your son is no longer dependent.

You really shot yourself in the foot by not progressing this when you were sorting out your divorce. With a 10 year old dependent child you would have more than likely been awarded more than 50% of the equity in the house and you would have also been able to take into account his maybe substantial pension fund, which you might have been able to offset for a larger share in the house.

I believe that courts only look at the value of assets etc at the time they are asked so all of those mortgage payments will probably be water under the bridge now. Hopefully the value of his pension has increased by as least as much as the value of the house.

Whilst you might not think you can afford to engage a solicitor, a few hundred pounds spent now could save you thousands in the not too distant future. You never know if you threaten your ex with taking this to court he may well decide to co-operate now.
Re: Refusal to co-operate with Financial Disclosure
Jingle - 24 October, 2017 12:24PM
Andyk Wrote:
-------------------------------------------------------
> The only way that you can progress this I believe
> is to force this to a final financial resolution
> where the courts decide for you, that may
> galvanise him into action. It would appear that
> your ex husband is not interested in getting this
> done which as you say he is probably waiting until
> your son is no longer dependent.
>
> You really shot yourself in the foot by not
> progressing this when you were sorting out your
> divorce
. With a 10 year old dependent child you
> would have more than likely been awarded more than
> 50% of the equity in the house and you would have
> also been able to take into account his maybe
> substantial pension fund, which you might have
> been able to offset for a larger share in the
> house.
>
> I believe that courts only look at the value of
> assets etc at the time they are asked so all of
> those mortgage payments will probably be water
> under the bridge now. Hopefully the value of his
> pension has increased by as least as much as the
> value of the house.
>
> Whilst you might not think you can afford to
> engage a solicitor, a few hundred pounds spent now
> could save you thousands in the not too distant
> future. You never know if you threaten your ex
> with taking this to court he may well decide to
> co-operate now.

Yes, I know and wish I had but I was only working part-time then and had even less money than I do now.

I have engaged a solicitor - as mentioned in my post - it's court fees I'm now worried about.

I'm going to speak with mediation (there's a choice of 3 where I live, I don't know which one is the best, or if it makes much difference) as his knowing I am deadly serious in wanting to get this sorted now may push him into action. I can only hope - I've lived in my house and paid for the bills (even when married, he paid for food so I obviously came out of that worse!) for 21 years and it's the only home my son has ever known (he took the divorce badly and his father turned him against me, he even moved out with his father for a few months, it was a really, really horrible time).
Re: Refusal to co-operate with Financial Disclosure
jill_of_all_trades - 25 October, 2017 12:37PM
Keep in mind that it is a 50/50 split of ALL assets so if he keeps his pension details quiet he will need to take on the expense of going to court to force a house sale when your son is 18 and if I were a judge I wouldn't order a house sale without knowing how the pension situation had been resolved.

My financial order is in place but apparently I have to wait for the decree absolute before my husband's pension trustees can be served with notice that his pension is subject to a pension sharing order. Given you have your decree absolute perhaps there is some way of serving notice to your ex's pension trustees that the pension is likely to be the subject of a pension sharing order in the future?
Re: Refusal to co-operate with Financial Disclosure
davidterry - 25 October, 2017 01:33PM
>>Given you have your decree absolute perhaps there is some way of serving notice to your ex's pension trustees that the pension is likely to be the subject of a pension sharing order in the future?

There isn't.
Re: Refusal to co-operate with Financial Disclosure
Andyk - 25 October, 2017 03:34PM
Pension trustees can only act where there has been an order to share a pension. Before that all they are obliged to provide is a valuation at the policyholders request,
Goto Topic: Previous Next

Sorry, only registered users may post in this forum.