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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.

 

Financial Disclosure

  • Mumto3plus2
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09 Jun 22 #519448 by Mumto3plus2
Topic started by Mumto3plus2
I was divorced over 3 years ago. I have a current dispute with my ex. He is demanding to see all my bank statements. He is very controlling. He has no need to see my bank accounts, but unless I show them to him he is refusing to cooperate with the request I have asked of him, which is make a contribution towards his children. What should I do? Thank you

  • T W Dixon
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12 Jun 22 #519465 by T W Dixon
Reply from T W Dixon
Use the child maintenance Service. Start here:https://www.gov.uk/child-maintenance-service
Good luck!

  • hadenoughnow
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12 Jun 22 #519466 by hadenoughnow
Reply from hadenoughnow
Child maintenance is a statutory requirement (legal) and is based on the income of the non resident parent.

There is no need for him to see your bank statements but the Child Maintenance Service will want to know about his finances.

If you are looking to have a permanent legally binding financial settlement after divorce, this is separate from child maintenance. As part of the financial disclosure process you each may well be asked for bank statements.

Hadenoughnow

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13 Jun 22 #519474 by Mumto3plus2
Reply from Mumto3plus2
Thank you for your reply. I have a court order with a variation sat on top that pays 5p/year maintenance. I understand the CMS bases maintenance on PAYE which automatically is given to them by HMRC. My ex has earned a 6-figure sum each year for the last two years, but it is not PAYE. Rather than go back to court to vary, I've sent the CMS the last two years tax returns which show the 6-figure amounts earned. Can they backdate as he failed to disclose? He made the application to vary to the family court, sought a nil band assessment from the CMS and failed to show his tax returns to me, despite this being an undertaking he gave to the court. I finally managed to get the tax returns by applying to court to see them. I have been left financially broken, he has secured himself financially. I'm hoping this can be corrected though the CMS, would I be correct in thinking this?

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This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


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