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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

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The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

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Right to privacy?

  • billyadams
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05 Aug 12 #347427 by billyadams
Topic started by billyadams
I have been open with my ex about my expenditure amounts - my credit card is paid off each month and it comes direct debit from my bank account (and I have given her bank records as part of my form E) but now she has demanded that I also include my credit card statements and I am not happy with her seeing what I spend my money on, especially since there are some personal expenditures on their that reveal details of my personal and private life.

The European Human Rights Act protects the right to "private and family life, his home and his correspondence" and was wondering whether this can be called upon? The judge told me in the first hearing that I had no privacy but this seems very wrong.

Therefore, I was wondering if it is possible to redact the details of the statements (but leave the amounts). If not, what will the court do to me if I do this?

Also, if - after the questions have been answered - my ex has very different finances compared to those in her form E will the court do anything?

  • Action
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06 Aug 12 #347503 by Action
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I don''t know what the law is with regard to this but doubt that you will be able to withold the information. I had quite a strong case for highlighting my ex husband''s wreckless spending on holidays and luxuries etc. (albeit only in mediation) and without the credit card statements I wouldn''t have known the extent of it.

  • dukey
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06 Aug 12 #347509 by dukey
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You cannot use the human rights act to give only partial disclosure, you can partially redact account numbers but nothing more.

  • hadenoughnow
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06 Aug 12 #347512 by hadenoughnow
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What you are spending money on is as important as how much you are spending. It is all about working our your basic living costs (needs) vs your actual spending. Your credit card bill may show you are spending on luxuries that are beyond your budget. This would be especially inappropriate if, for example, you had an ex and children living very frugally and you were saying you could not afford sm.

Questions about your spending will be asked to establish your true financial position.At my Fh ex''s barrister questioned me about items on my cc bill presumably to try to show I was frivolous with cash. One item was a piece of jewellery paid for by the insurance which I claimed back. The other was a pub lunch for 5 which was a business expense - again claimed back. Pretty much everything else was food or petrol! His bank statements though made very interesting reading!

I am afraid you will just have to bite the bullet with this one.

Hadenoughnow

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06 Aug 12 #347725 by billyadams
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And if I redact them and refuse to produce unredacted statements? What will the court do to me?

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06 Aug 12 #347733 by dukey
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Prison is the ultimate sanction though they will follow the penal notice committal hearing route first, what on earth are you so keen to keep from court that you would run such a risk?.

  • soulruler
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06 Aug 12 #347735 by soulruler
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Your wife could ask for a court order making you disclose the information and if you still refuse you could be held in contempt of court and face prison.

Woops snap!

You are misinterprating the Human Rights as you have a duty to diclose your finances to your spouse and the court as you are both party to the same proceedings.

What cannot happen in the normal course of divorce is that your finances or that of your wife are disclosed to other parties whether that be other non parties (so the general public, someone who has no real interest or the press).

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