A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info

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.

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

financial disclosure etc

  • SALLYANN777's Avatar Posted by
  • Junior Member
  • Junior Member
10 May 07 #209 by SALLYANN777
Topic started by SALLYANN777
I'm at the stage now of having to do a financial disclosure. Ex husband is claiming that I have got numerous shares,bank accounts held by my mother and various pensions. All of this is just a load of ********, and wishful thinking on his part. I think he is hoping that I have got assets of £30,000 to offset the money that he transferred out of our joint account and did god knows what with. (see previous post) My question is- is it my responsibility to prove that I don't have these assets or does he have to prove that I do. Also will he have to prove what these supposed joint debts were ( again see previous post) Surely it will not be enough just to show that the money was used to pay off credit cards, could he be maid to provide all his credit card statements to show exactly what he has used his credit cards for, because I can almost guarantee that they were not used for anything that benefitted me or the kids and he certainly never let me see his credit card statements so he obviously didn,t want me to know what he was spending money on.

  • wikivorce team
  • wikivorce team's Avatar
  • Moderator
  • Moderator
10 May 07 #211 by wikivorce team
Reply from wikivorce team
When these claims of hidden assets are discussed in court then the court will make a decision based on what it believes is most likely to be the truth. The standard of proof is not the same high standard as for criminal cases. However - for the court to take hidden assets into account they would need to see some fairly convincing evidence from him that points to there being such assets (such as unaccounted for transfers/withdrawals from your main bank account). If they don't exist then he will find it extremely difficult/impossible to convince the court that they do. The onus is on him to prove they exist.

Regarding the 30k he spent - yes you can request that he discloses two years statements for all his bank accounts and credit cards - just request them via an application for disclosure to the court.

One small tip: if writing the disclosure question yourself say something like:

"I request that XXX provides details of all bank accounts and credit card accounts in which he has an interest, whether in his own name or that of someone else. I request that he provide details statements showing all transactions since May 2005 for each of these accounts."

That way he has to disclose alll accounts including those in his girlfriends name (if he has one).

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

The modern, convenient and affordable way to divorce.

No-Fault Divorce £179

We provide the UK's lowest cost no-fault divorce service, managed by a well respected firm of solicitors. 

Online Mediation £250

Online mediation is a convenient and inexpensive way to agree on a fair financial settlement.

Consent Order £259

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.

Court Support £250

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.