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.


Clean Break

  • Isme
  • Isme's Avatar Posted by
  • Junior Member
  • Junior Member
More
18 May 12 #331309 by Isme
Topic started by Isme
I am at the moment going through a divorce via the collaborative route. It has become more of a bartering procedure. My husband has now offered what he says is his full and final offer. I requested that full disclosure is now brought up to date as this was done over a year ago when we first started proceedings.

He is refusing to saying that it will cost a lot more in solicitors time and therefore fees and I am either to accept his latest offer or he will take it off the table and go back to his initial offer which was 50k less and threatening to start again and take the whole issue to court.

Am I being unreasonable at this stage to request the information? I only want to know that everything is as he says it is work wise and to see if his spending is as frugal as he has made mine be for the past year before I agree.

We had been married 30 years and he was a high earner, enjoying a comfortable lifestyle but since we separated he has lost his job and has gone freelance.

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
18 May 12 #331363 by dukey
Reply from dukey
Do you think much has changed in the last year, is the offer reasonable, if it is there is much to be said for avoiding court, what does your solicitor have to say.

One of the problems with collaborative law is that if it fails you have to start all over again, all the money you have spent is wasted.

  • Isme
  • Isme's Avatar Posted by
  • Junior Member
  • Junior Member
More
18 May 12 #331398 by Isme
Reply from Isme
Well that''s the problem I have no knowledge of what his position is. I would of liked to have had the opportunity of everything being ''transparent'' so I could see if it is a fair offer.

Both of us don''t want to drop it all now and go through court proceedings.

I can only assume the reason why he is so adamant not to show disclosures now are that he has something to hide or he doesn''t want to incur a lot more solicitor fees.

I am afraid he has taken away all the trust that was ever there.

  • dukey
  • dukey's Avatar
  • Moderator
  • Moderator
More
18 May 12 #331401 by dukey
Reply from dukey
If you do manage an agreement you both need to complete a short form for disclosure, this includes income assets and pension value, and you both get to this before the Consent Order is sent to court, problem is no evidence is required so not all tell the truth.

Its a rock and a hard place situation, if you force full disclosure you need court, court = cost plus all you have spent thus far will be a loss.

  • Isme
  • Isme's Avatar Posted by
  • Junior Member
  • Junior Member
More
18 May 12 #331404 by Isme
Reply from Isme
Basically he now has me over barrel......I accept his offer and take his word or go through the trauma and expense of court.

Is there no way of having a look at his business books?

  • .Charles
  • .Charles's Avatar
  • Platinum Member
  • Platinum Member
More
18 May 12 #331426 by .Charles
Reply from .Charles
If you were to issue proceedings, the court would order Forms E and disclosure to go with them. If the business accounts were not attached to the form E you could request these in your questionnaire or via a schedule of deficiencies.

If you pre warn your husband that you intend to pursue the court route he may relent but if not, you can draw your own conclusions...

Charles

  • Isme
  • Isme's Avatar Posted by
  • Junior Member
  • Junior Member
More
18 May 12 #331437 by Isme
Reply from Isme
Thanks Charles,

I have requested them over and over again. He knows that neither of us want to go through court proceedings and will not budge on his refusal to show his disclosures and mine are an open book.

It looks like I will have to concede and accept. It is seems unfair that he shouldn''t have to show them unless we go through the courts and have all that aggravation and cost as I would of thought it is a very important part of me making that decision.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11