Partner's divorce proceedings

I_told_you_so · 4 October 2016 at 3:01PM

My partner of almost five years is in the process of finalizing his divorce. He is at decree nisi stage and his solicitor is trying to set out the terms of the financial settlement and has requested quite abit of paperwork which he has diligently accumulated, including bank statements, valuation of his property abroad and outstanding mortgage, his borrowing capability and so on.
But what is concerning me is his solicitor's request to get details about my financial affairs, as well.
I can't see what my property value and mortgage payments and so on have got to do with is divorce proceedings, so I am not too happy to disclose my financial affairs.
Although we live together in my house and he is paying me rent, we otherwise keep our finances separate.
Is there a specific reason why I also have to disclose my financial affairs ?

Finst · 4 October 2016 at 3:20PM

Its one thing to disclose to your partner's solicitor (which will allow him to give better advice), and another to disclose to the other side.

One of the fundamentals of divorce settlements in the UK is that assets should be split according to need. There is a possibility that your assets feed into the needs of your partner, or at least the other side may argue the case.

Possibly share with your partner's solicitor for information, but not to be shared further?

MataNui · 4 October 2016 at 3:24PM

You dont have to. You can (and probably should) politely decline to provide them. Unless you are wholly dependent on your partner for financial support you have nothing at all to gain by supplying them and no legal requirement to do so.

I_told_you_so · 4 October 2016 at 3:43PM

Possibly, I will get him to check how much information is needed , maybe keep it basic and instruct the solicitor to only use it for advisory purpose and not to pass it onto the other party. I can't see what business it is of his ex what I earn or what assets I have and I don't really want to be dragged into the divorce proceedings if I can help it.

Thank you for the quick reply !

I_told_you_so · 4 October 2016 at 3:44PM

@ Mata Nui - thank you - I posted my response before I read yours.

meer53 · 4 October 2016 at 6:04PM

Not disclosing your details may delay completing the financial side of the divorce. How does your partner feel about you not wanting to provide them ?

My ex point blank refused to provide any financial details, that was 14 years ago, we're still legally married as my solicitor advised me not to agree to decree absolute without a financial settlement. He had a very complex arrangement with his employer at the time, not all above board ! I told him to stuff his money and went to work full time so i didn't need anything from him. He did, years later, agree to sign the house over to me but we're still married legally.

TBagpuss · 4 October 2016 at 7:02PM

You partner is required to disclose what *he* knows about your finances, if you are cohabiting.
You are not obliged to disclose anything, but if you disclose it to him or his solicitor then they cannot withhold it.

The reason is that in deciding on fair outcome, a court would take into account your partner and his ex's respective needs and resources. If the two of you are living together, then your finances are relevant to your partner's position and needs. As a minimum, because it is cheaper to be half of a couple than to be single, as things such as household bills are split.

The longer you have been together the less believeable its likely to be to your partner's ex and her advisors that your partner does not know your situation.

Normally you wouldn't need to provide a detailed breakdown, but it would be normal for your partner to know, and be able to tell his solicitor, roughly what your income is, and roughly what your capital assets are.

iammumtoone · 4 October 2016 at 7:32PM

TBagpuss wrote: »

You partner is required to disclose what *he* knows about your finances, if you are cohabiting.
You are not obliged to disclose anything, but if you disclose it to him or his solicitor then they cannot withhold it.

The reason is that in deciding on fair outcome, a court would take into account your partner and his ex's respective needs and resources. If the two of you are living together, then your finances are relevant to your partner's position and needs. As a minimum, because it is cheaper to be half of a couple than to be single, as things such as household bills are split.

The longer you have been together the less believeable its likely to be to your partner's ex and her advisors that your partner does not know your situation.

Normally you wouldn't need to provide a detailed breakdown, but it would be normal for your partner to know, and be able to tell his solicitor, roughly what your income is, and roughly what your capital assets are.

I can see what you are saying if the OP and her partner were married (although not possible :rotfl:) as the partner would have other assets (ie in general he would entitled to half of the OPs ) but they aren't. In theory the OP could throw her partner out at anytime and he wouldn't be entitled to anything of hers so why do her assets need to be taken into consideration?

TBagpuss · 4 October 2016 at 9:25PM

I don't make the rues

The court can't touch OPs assets, but they are entitled to take into account the fact that the husband (in the divorce proceedings) is in a relationship and that does have a knock on effect on his financial position and needs.

Of course its correct that he and OP could separate, but equally in the short term, for as long as they are together, the Partner's financial situation is directly affected by the fact he is in a relationship.

I_told_you_so · 4 October 2016 at 9:26PM

We have been living together for around three years but have always kept our finances separate.
As such I do not know how much he is receiving from his sources of income, he pays me a fixed amount rent every month. In turn he knows my house is mortgaged but not any amounts. As I pay all the bills and this comes out of my sole account he wouldn't know how much the individual bills are. We have separate accounts and basically keep things separate.So I was a bit surprised when I was asked for financial information for the divorce proceedings between him and his ex. I didn't see any reason for it , so was just a bit puzzled by it. I have not refused to provide it, was just surprised by it

TBagpuss · 4 October 2016 at 9:40PM

As above, you don't have to provide it, hehas to disclose what he knows about it.

SO if what he knows is that you own your home with a mortgage and that you are working but he doesn't know how much you earn, then that is what he discloses.

Partner's divorce proceedings

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