Accountants & Divorce in the UK.
We all hear stories about someone's ex hiding money or assets - this is illegal. If you havent started your divorce, now is the time to gather as much information as possible
When I think of an accountant and divorce it's usually when a spouse is hiding funds or assets and a forensic audit is needed. Which is true, but accountants offer other services that can help you on your divorce journey.
If you suspect your spouse is hiding funds, you can in theory do the search yourself online at Companies House, a UK government website. Information such as Directors, Shareholders, cash and profit will be publicly visible, although not broken down for smaller companies. Whereas larger companies are legally bound to declare P&L, Director salaries, and more. Doing the digging yourself is perfectly acceptable, but when a company is offshore, some jurisdictions don't declare any information publicly and you will have a hard time proving anything. When you hire an accountant and their report is used in court, a Judge will take this seriously, not only because you paid for it, but because the report will show that there is information that couldn't be found. Thereby causing suspicion enough for the Judge to ask more questions, and often force/scare the spouse to start negotiations. Mark shares that these reports are not a regular occurrence, and Judges will read them and often request more information.
In the UK we have forms called Form E's (and other related forms for separation when not married) that require extensive details and disclosure of finances and assets. We all hear stories about someone's ex hiding money or assets that weren't declared on their Form E- this is illegal. HMRC has a website to report fraud, and although we dont hear stories of people getting caught, it's not because the reports are ignored, the backlog is immense. Mark knows of a case where the ex got into serious trouble for lying on these forms.
Tips:
- If you havent started your divorce, now is the time to gather as much information as possible. Bank statements, company names, anything that can assist the audit, it can even be something you overheard.
- Prior to getting divorced, or staying happily together, Mark suggests updating your asset form regularly on your Life Insurance Policy. This form is more or less a legal document and will show you what you have together. It doesn't arouse suspicion when considering divorce.
- In the UK your credit rating is aligned with your spouse when you have a shared bank account. Their debt is your debt too.
- You cannot close or freeze a joint bank account, and the other person can fleece the account without permission unless you request two signatures for withdrawals. They can also sign up direct debits and leave you in debt.
We discuss financial abuse and controlling partners. This is a serious issue and not to be taken lightly. Leaving a marriage without abuse it tough, but not having any financial independence is terrifying. The cashless society we live in makes it even harder. High Street Banks require both people present to sign forms to open an account, and you can be overdrawn. The modern online banking model usually doesn't offer an overdraft option, which can assist is lessening debt, but it doesn't protect people from their spouse opening accounts in their name and more. There isn't too much you can do when you are being abused and some people won't realise they are being financially controlled until they start their divorce process.
- Check My File (link below) compares all the major credit companies and you can see what you have against your name.
- You receive notifications if your ratings go up or down, allowing you to take action if your spouse has created a direct debit in your name. Contact the companies and explain your situation, because if you wait 6 months or more the interest on the debt incurred is extortionate.
- Reach out to your bank manager, or call your bank. There are people trained to help you.
You don't have to be a millionaire to need a financial audit, which is why a report at Cubed Consultancy starts at £750. Mark has been known to reduce this fee if there really is nothing to search. He believes that it should be affordable and accessible to everyone who needs it.
Use us as a sounding board, I think we are nicer than lawyers and barristers.
As I have previously written, and Mark agrees, women are less finically interested and therefore, less savvy in finances. Many women will have never touched a tax assessment form for HMRC and won't know what a UTR is. A Unique Tax Reference. The jargon for those who use it daily know that for people new to taking control of their finances can feel ashamed and embarrassed for not knowing. There is no need to feel like this, now is the time to start learning and take responsibility. Once your divorce is finalised you will still need to file your tax returns for your income and investment income. Ask your accountant questions, and make sure you understand what they are saying, don't feel shame or that you are being a bother. Demystify accounting.
Did you know that transfer of assets during divorce have no tax implications? Neither did I.
As always, this is not legal or financial advice. This is shared knowledge to help you navigate the turbulent journey of divorce. Always seek professional advice local to where you live in the world. Every State and country have different laws.
If you want to share your story or you are a professional who wants to share some insights, please email me at contact@angryexwife.com