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Not wanting to do voluntary disclosure

  • scfisher
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4 years 3 months ago #482729 by scfisher
Not wanting to do voluntary disclosure was created by scfisher
I am self representing with regards to financials in divorce. 15 year marriage. Two kids aged 10 and 8.
Ex is wanting voluntary financial disclosure via their solicitors .
I have made a number of offers but they are adamant not budging from fifty fifty split.
They have emailed again to reconsider doing volunteer disclosure and not end up in court.
My reasons for not doing voluntary is I think it will just delay the inevitable of having to go down the court /form e route.
They earn 3 times more than me.
Because they are self employed I believe he will not show all his accounts voluntary and try and hide stuff. If I question stuff on their disclosure am I right they can ignore.

Will this go against me in front of judge and court if they argue that I refused voluntary disclosure. Could they try getting me to pay their legal costs if I don't go down the voluntary root.

Do I need to reply in detail giving reasons why I don't want to do voluntary disclosure.
Ie reply with 'I don't wish to do voluntary disclosure as I think you will hide one of your business accounts containing eighty thousand pounds of money' Which would give them a heads up that I know about the account.
Or can I simply state 'I don't believe the voluntary disclosure will speed things up and will delay the final agreement which can only come about by using the formal court root'
Using the last example if they miss off the missing account that I have evidence of on form e then surely that will make them look bad in front of judge who will wonder what else and how much they are trying to hide?

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  • hadenoughnow
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4 years 3 months ago #482731 by hadenoughnow
Replied by hadenoughnow on topic Re:Not wanting to do voluntary disclosure
I can't see the problem with voluntary disclosure. At least then you will see what the tactics are. If he does not disclose adequately then you can take the court route. It doesn't need to delay things unduly.

Hadenoughnow

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  • scfisher
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4 years 3 months ago #482734 by scfisher
Replied by scfisher on topic Re:Not wanting to do voluntary disclosure
But under voluntary disclosure if they hide stuff then they don't need to answer any questions and get themselves with more accurate picture for court and judge will not realise they have tried hiding stuff.

If we go straight to form e then judge will also be aware of them hiding things and therefore will surely not put them in a good light.

Voluntary disclosure seems to be for their solicitors benefit who does not want to advise without having a full understanding of both sides of financials.

I have a good overview of exes financials including what their day to day expenditure should be. Ex has no idea what I pay for kids music lessons, swimming lessons, activities during holidays etc. They think everything is free.
They are adamant that assets should be split fifty fifty not taking into account I have kids 12 days out of 14 and their earning potential is a lot higher than mine.
As they are not budging from Fifty fifty then I just want to get to court as quickly as possible and get whole. Thing finalised.

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  • hadenoughnow
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4 years 3 months ago #482741 by hadenoughnow
Replied by hadenoughnow on topic Re:Not wanting to do voluntary disclosure
Voluntary disclosure would usually be done by completing form E.

If you get an incomplete form E then you can go straight to court. This way it looks like you have tried to be reasonable before resorting to court.

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4 years 3 months ago #482742 by Bubblegum11
Replied by Bubblegum11 on topic Re:Not wanting to do voluntary disclosure
scfisher wrote:

I have a good overview of exes financials including what their day to day expenditure should be. Ex has no idea what I pay for kids music lessons, swimming lessons, activities during holidays etc. They think everything is free.
They are adamant that assets should be split fifty fifty not taking into account I have kids 12 days out of 14 and their earning potential is a lot higher than mine.
As they are not budging from Fifty fifty then I just want to get to court as quickly as possible and get whole. Thing finalised.


You have just said that your ex has no idea about your costs/expenses. How can you expect him to budge from 50:50 if he doesn't even know what the 50:50 is or what your real needs are. Maybe if you make the disclosure his solicitor would be able to advise him better as to what is a fair offer and what would most likely happen at court. He will have a better idea of your financial needs. It may help get your ex to negotiate rather than remain fixated at 50:50 and end up in court - which is a long drawn out process.

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  • FordCapri
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4 years 3 months ago #482754 by FordCapri
Replied by FordCapri on topic Disclosure

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4 years 3 months ago #483139 by verybusymum
Replied by verybusymum on topic Re:Not wanting to do voluntary disclosure
I can see why you feel the way you feel. Voluntary exchange will cost about 2k in solicitors' fees only, and depends on the goodwill of the other party to cooperate. In my case, Form E was exchanged unsigned on his side, and while his solicitors 'made every effort' to make their client sign it, it was futile. A very different Form E was presented to the court later, making use of the information from my Form E during the voluntary disclosure, even having the guts to photocopy the house valuation survey I paid for, to attach as their own.

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