The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

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.

 

Ex lying about income on Form E / tax return

  • Daves mum
  • Daves mum's Avatar Posted by
  • New Member
  • New Member
More
14 Aug 24 #523736 by Daves mum
Topic started by Daves mum
Good evening all, I'm hoping somebody can help me. Sorry long post Just going through a divorce and working through the second lot of form Es in preparation for my FDR hearing. My soon to be ex (full time, self employed, out 6 days a week) has lowered his predicted income to match my PAYE income (18k). This is what he has put on his tax return. He has never been truthful with me about his income in all the time we have been married ( believe it or not, the form E is the first time I have ever seen a bank statement as he has always hid them) but I am certain he is on more than this. Even just going through his personal spending (that is evident on his bank statements enclosed with his Form E) indicates he had spent at least 2.5 times the amount he claimed he earned. He does not take a wage, and uses one account for business and personal, and it is clear how much is personal spending vs business spending. And that is not all of his spending because he takes A LOT of cash out and spends cash when he is out and about. I am also almost 100% certain he takes at least half of his income in cash and does not declare this. What is evident from his bank statement is that not all of the jobs I am aware he has been on are represented. This means the rest have paid in cash. And there is only a small amount of cash declared on his tax return. I believe he is actually on between 45 and 60k. However my solicitor said it may not matter that he's lied as we have so much equity in the house that it can be equally split to give us both a decent lump sum to buy a house with minimal mortgages. I don't feel this is fair /equitable as he will be in a much better position than me going forward. I don't want more than my fair share but I do want things to be fair. So I am guessing my questions are: 1. Has anyone experienced anything similar to this, and how did the judge react? 2. At what point do I need to have a word with the HMRC? Thanks in advance!

  • EMC3419
  • EMC3419's Avatar
  • Elite Member
  • Elite Member
More
15 Aug 24 #523739 by EMC3419
Reply from EMC3419
You're about to make a very expensive mistake and I'm going to try and stop you.

Divorce settlements are based on need, not equality. He might well earn more than you in the future and be better off. However, your only claim is for needs, not wants.

Your solicitor is correct. If there is enough equity to house you both with a 50/50 split then that is what it will be. The court only deviates from this in needs cases where there is no other choice.

If you go pursuing an unreasonable expectation of having the same lifestyle as someone who earns three times more than you despite the fact your needs are already met, you are going to waste a lot of money on legal fees and then lose at some point in the future.

  • WYSPECIAL
  • WYSPECIAL's Avatar
  • Moderator
  • Moderator
More
15 Aug 24 - 15 Aug 24 #523740 by WYSPECIAL
Reply from WYSPECIAL
What are your ages, length of marriage and are there children involved?
If he uses his bank account for business expenditure then it is bound to show a lot more spending than he claims to earn as it will be turnover.
If you need to know his income for previous years for some reason then look at his tax returns and company accounts but if the amount on his form E matches his tax return figure he must be able to evidence it, HMRC don’t just accept any old number written on a form..

What are you doing work wise as your income is below full time minimum wage unless you are paying a lot of pension contributions?
Last edit: 15 Aug 24 by WYSPECIAL.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

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


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.