Can I Refuse Financial Disclosure

Can I Refuse Financial DisclosureI understand why sometimes clients ask, “Can I refuse financial disclosure.” Your relationship has broken down and now your ex, or your ex’s solicitors, are asking intrusive questions. You object because:

  • you’ve already reached a perfectly sensible agreement between you, or
  • you want your business, inheritance or pension left out of the settlement.

There’s a lot at stake so make sure you get expert legal advice

Why is financial disclosure requested

You’ll only know you’re getting a fair share of the matrimonial income and assets if you understand their extent. Your ex’s solicitor will be advising your ex the same. However this doesn’t mean your ex automatically gets a share of everything. When you disclose you can argue an asset is non matrimonial, for example:

  • an inheritance postdating the relationship breakdown, or
  • a pension you built up before the marriage.

See my blog Ring fence and protect assets on divorce

Further, if your business is small and represents your income, it’s unlikely it’ll be thrown into the mix. See my blog How to protect business on divorce.

What if you’ve already agreed a financial settlement

Did you know that the Court won’t make an order without seeing a Statement of Information for Consent Order. This is a Court form containing basic financial information about both of you.

What is a “Statement of Information for Consent Order” and why is it necessary

This document contains the following information from both of you:

  • details of marriage/civil partnership
  • dates of birth
  • financial agreement
  • summary of means
  • capital
  • income

The Court checks this document to make sure your financial agreement is fair and reasonable.

What if you provide inaccurate disclosure or hide assets?

See my blog Financial Disclosure on Divorce – 10 Things You Need to Know. This tells you about:

  • costs consequences, and
  • adverse inferences, and
  • the worst case scenario, being found to be “in contempt of Court”, and
  • the ultimate sanction, imprisonment.

Why do you need a consent order?

For more about consent orders and how to get one see my blog How do I get a consent order

Can I refuse financial disclosure

Contact Family Lawyer Joanne Houston on 01962 217640 for an initial consultation on Can I Refuse Financial Disclosure. In this 20 minute session she will review your situation and how you can achieve your objectives.

JUST FAMILY LAW are specialist divorce and family lawyers. We offer Pay as you go costs. We offer Collaborative law solutions tailored to your family’s needs.

The topics covered in this blog post Can I Refuse Financial Disclosure are complex. They are provided for general guidance only. If any of the circumstances mentioned in this blog apply to you, seek expert legal advice.

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What comes first divorce or settlement?

What Comes First Divorce Or Settlement

What comes first divorce or settlement

The answer is they should be going on at the same time. But it’s often wise to delay finalising the divorce until the finances have been sorted out. Why? Because if your other half dies after the divorce but before you have a Court order confirming the financial settlement, you could lose out as their widow or widower. And you could miss out on a fair share of their pension. Is this something that particularly concerns you? Get in touch with an expert family lawyer.

How much will the divorce cost

The Court fee is £550.

Need help with the Court forms? A “pay as you go” deal is the answer. This means you ask a solicitor for advice when needed, and limit the expense. But if you hand your divorce over to a solicitor, make sure you know how much they’re going to charge. Can you do the divorce yourself? See below.

What are the grounds for divorce

“Irretrievable breakdown” – and you have to rely on one of five reasons:

  • Adultery
  • Unreasonable behaviour
  • Desertion
  • Two years separation with consent
  • Five years separation without consent

Unsure which to go for? For more details see my blog Grounds for Divorce – 5 things you need to know.

Can I do the divorce myself, or do I need a solicitor

Yes you can do it yourself.

But don’t be afraid to ask for help to avoid mistakes being made on the papers (and the Court sending them back). See my blog 10 Reasons why you need a family law solicitor to check your DIY divorce petitionA common problem is service, or forgetting to tick an important box, or failing to grapple with legal definitions of residence – a complication if you’re an international family.

A solicitor can also help if your other half is not acknowledging the proceedings.

How long does it take

Usually about four months but there can be pitfalls – see above.

How is the divorce settlement worked out

The starting point is equal division. But various factors are taken into account including:

  • The children’s welfare
  • Income and earning capacity
  • Financial needs
  • Standard of living
  • Your ages, and length of the marriage
  • Physical or mental disabilities
  • Contributions to the marriage

It’s an idea to ask an experienced family law solicitor for advice if there are:

Do I have to disclose my finances

See my blog Financial disclosure on divorce – 10 things you need to know.

Do I need a consent order

It’s a good idea. Because if one of you changes your mind, or if one of you comes into money, there’s no going back for a second bite of the cherry. And it’s relatively simple for a solicitor to draw one up. See my blog How do I get a consent order?

What comes first divorce or settlement

Contact  Joanne Houston on 01962 217640 for advice about What Comes First Divorce Or Settlement? In this 20 minute session we will review your situation and how you can achieve your objectives.


JUST FAMILY LAW are specialist divorce and family law solicitors offering personalised legal solutions. We offer collaborative law which is especially relevant in providing solutions tailored to your family’s needs. The topics covered in this blog post are complex and are provided for general guidance only. Therefore if any of the circumstances mentioned in this blog have application to you, seek expert legal advice.

 

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