Can I Refuse Financial Disclosure?
May 2022
Whilst many divorce settlements can be resolved amicably, some can be more challenging, particularly when it comes to the financial disclosure needed to reach a financial settlement.
To decide how family assets should be shared, the court requires both parties to complete a standard form, referred to as Form E, and to provide supporting paperwork, including company accounts if you own a business.
Our divorce lawyers can assist by advising you on the financial disclosure process and we will support you throughout the financial settlement negotiations.
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For a free initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134 or email us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
Financial Disclosure
If you are unable to reach a financial settlement with your spouse after your separation or divorce, you will need to fill in a financial statement Form E to disclose your income, assets and liabilities.
You will also need to include other information regarding your personal circumstances and future plans. The information requested can seem unnecessary and overwhelming, but the Form E is standard in nature and we can guide you on how best to complete it.
The purpose of providing financial disclosure is to find out the extent of your income, assets and liabilities. You may not think assets are relevant or believe that assets should fall within the ‘matrimonial pot’, but there is a duty to provide full and frank financial disclosure.
Providing full and frank financial disclosure may include:
- 12 months of bank statements
- 3 months of payslips
- Details of any property, savings and investments
- Estimated value of any business interests
- Evidence of any liabilities
- Interest in trusts
- Most recent P60 or tax return
- Pension valuations
A Form E is a complicated document to complete and, therefore, we always recommend that you seek specialist legal advice to ensure the Form E is completed correctly and that all information and estimated values are accurate.
Our family solicitors will advise you on the supporting paperwork that you need to submit, depending on your individual assets and circumstances.
Can I Refuse Financial Disclosure?
It is not recommended that you refuse to disclose standard financial information as the court in financial court proceedings can order you to complete your Form E and refusal is likely to lead to further delays in the court process.
If the court finds that you failed to provide full and frank financial disclosure, it will likely have a less than favourable perception of you, which could result in a financial court order that you are unhappy with and an order that you are liable to pay your spouse’s costs.
In extreme cases, the court may decide to impose a fine or term of imprisonment for failure to disclose financial information or giving false information.
If you are in breach of a court order for financial disclosure it is important to seek immediate legal advice so that we can advise you on how best to resolve matters without facing penalties.
Spouse Refusing Financial Disclosure
If you believe that your former partner has failed to provide full financial disclosure, then you will be given the opportunity during the financial settlement court process to ask questions and request extra information and paperwork.
Without full financial disclosure, it can be extremely difficult for you to negotiate a fair financial settlement or for the court to have the necessary information to make a financial court order.
If you believe that your spouse has not disclosed assets, or has not been honest about their finances, we recommend you seek early specialist legal advice from our team of Family Lawyers, who are experts in divorce financial settlements and resolving financial disclosure.
How can Fullers help?
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134, filling in the contact form below, or emailing us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
