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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.

What steps can we take to reach a fair agreement?

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

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

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Hiding Money

  • Ladybelle
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11 Jan 08 #10486 by Ladybelle
Topic started by Ladybelle
Reading through all that may happen in the future, the disclosing of every financial aspect, I have a small amount of money I have saved, and since my ex walked out, got two lump sums which he knew nothing about. Should I just take it out the bank and keep it hidden home here ? Do people do things like that ? I'm only talking about £1500 but that is all the little money I have in the world to be able to use for emergencies.

  • juttabeck
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11 Jan 08 #10491 by juttabeck
Reply from juttabeck
you should disclose it -it is not worth it in the long run, you are unlikely to have to share such a small amount anyway

  • sexysadie
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11 Jan 08 #10492 by sexysadie
Reply from sexysadie
In any case you have to supply twelve months' bank statements with your form E so it will be obvious that the money was there before and has not been accounted for.


  • topaz
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12 Jan 08 #10495 by topaz
Reply from topaz
my sol questioned every cheque/cash withdrawal made over £500 on my x's E form and my x has to say what he did with it.Most of us think about hiding/moving it but it's really not worth the trouble it can cause in the long run and it is added to the pot as is any money belonging to your sx2b. best to keep it honest and above board where this is concerned because it would be noticed straight away from your bank statements.
Also don't think you can move it after you've supplied the initial 12 month of bank statements requested either because either sol can request more up to date statements again afterwards as most e forms are a couple of months out of date by time it comes to the swop, in my case I had to supply a further more recent 3 months of stmts due to the time taken before E form swop took place as some were out of time.

  • loobyloo
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12 Jan 08 #10499 by loobyloo
Reply from loobyloo
My x2b has hidden money and got away with it ..... form e is a joke .... say what ou lke lie all you lke youll get off with it .... dosent hold up and far as i can see from very acute experence form e not worth paper written on as you can lie lie le etc

  • Elle
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12 Jan 08 #10516 by Elle
Reply from Elle
My experience is that the law states one thing reality is completely different as is every case....my x cashed in shares in nov 2000...these were initially ignored...but now included, in contrast his bank account was emptied at time of sep..this has never been included in 8 years of "negotiations" and x sol has ignored several requests for formal disclosure of bonds.....it appears anything goes....Good point looby however it appears that all this hiding assets will come out at my fh...but it angers me that we have to wait all these yrs

  • Josh2008
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12 Jan 08 #10519 by Josh2008
Reply from Josh2008
Declare in all honesty on the for E, that way you cannot later on be tripped up on it

If anything were to come out later on, then a Judge could class it as 'unreasonable' this is the MCA 1973 section 25 bit that stumps most folk

The 'unreasonable' has to do with none disclosure of monetary facts or put another way deception on one side, most people think it is to do with the divorce, but that is only the case if it is so 'unreasonable' as to not include it.

Example would be, continuous harassment or abuse of former spouse, serious threatening behavior, previous abuse of children etc

During the 'Ancillary Relief' proceedings the courts do not want to use the 'divorce' as a test of future financial responsibilities, they will only look to see that ALL parties leave the marriage on an equal footing.

Sometimes that seems harsh but in all reality it is 'harsh but fair'

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