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Is it possible to get a consent order without wife sharing financial details?
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frtfge100
Posts: 9 Forumite
Trying to navigate a DIY divorce to keep costs down and my Wife doesn't want to share her financial position for the consent order.
Let's just say she's a complicated difficult person, she's not hiding any money (if anything she's hiding debt that she's too embarrassed to tell a soul about), and frankly I don't care and just want to get it done. We've agreed on how much I'm going to pay and I'm happy to be transparent about my finances.
Is it possible for a judge to approve a consent order under these circumstances?
Let's just say she's a complicated difficult person, she's not hiding any money (if anything she's hiding debt that she's too embarrassed to tell a soul about), and frankly I don't care and just want to get it done. We've agreed on how much I'm going to pay and I'm happy to be transparent about my finances.
Is it possible for a judge to approve a consent order under these circumstances?
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Comments
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According to Citizens Advice you both need to declare all your assets, finances, etc. so if your wife isn't going to declare hers, things will be somewhat difficult.
https://www.citizensadvice.org.uk/family/sorting-out-money/dividing-up-money-and-belongings-when-you-separate/
You may have to get some legal advice, even if you are wanting a DIY divorce.
Citizens Advice also has some advice on that -
https://www.citizensadvice.org.uk/family/sorting-out-money/help-with-legal-fees-when-you-separate
Please note - taken from the Forum Rules and amended for my own personal use (with thanks) : It is up to you to investigate, check, double-check and check yet again before you make any decisions or take any action based on any information you glean from any of my posts. Although I do carry out careful research before posting and never intend to mislead or supply out-of-date or incorrect information, please do not rely 100% on what you are reading. Verify everything in order to protect yourself as you are responsible for any action you consequently take.1 -
Head over to wikivorce you'll get a lot of useful information and help.Mortgage started 2020, aiming to clear 31/12/2029.1
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She wil need to fill in the D81. However, you are not under any obligation to flag up if you think she has not disclosed everything - she will be making a statement of truth that the details are correct but if she were to under-stsate her debt that would be between her and her conscience. THe court does not require evidence of the debts or assets for a consent order and if you are confident that you know enough to know that the settlement you have agreed is fair then it doesn't disadvantage you.
But no, the court can't and won't make a financial order without a completed Statement Of Information
You could apply for a financial settlement and go through the contested court process, in which case if she fails to cooperate a court can ultimately make an order based on your disclosure and your best guess as to her financial position, but that would take months - probably a year, and multiple court hearings, and significant costAll posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)0 -
D81 is all that you need to disclose.0
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Again advise WIkivorce. Very helpful resource.0
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