Divorce Disclosure

Divorce disclosure of financial information can take place during initial negotiations, as part of a request for the Court to approve a settlement or as part of a full financial application. The further down the legal process you get the more onerous this duty can become.  Should you fail to give proper disclosure then it may be possible for the other side to ask the Court to set aside the settlement (usually at your cost) and to give them more money.  Where you are found to have lied about some of your finances you may also find that you will not be believed on the rest of your finances as well, which usually means it costs you a lot of money.

The duty is to give "full and frank" disclosure and includes information that may "remove future uncertainties".  Only lawyers could come up with this phrase.  What they mean is where there is an issue, for example, about someone possibly moving jobs or settling down with someone else in the near future information should be provided about this.  The general rule lawyers apply is where in doubt disclose it to prevent issues being raised later and any settlement being undermined.

Full and frank means you will probably have to provide the information even if it shows that you may have committed a criminal offence.  Usually this will be tax or VAT fraud, but may include income from criminal activity.  Where you are concerned about the position it is important that you seek proper legal advice.  If the information is disclosed in the right way the information cannot later be used against you in criminal proceedings.  Get it wrong and the information can.

If there is non-disclosure it has to be shown to have been material before the Court will consider changing any Order.  This means it would have made a difference.  The more speculative the information the less likely it may have an impact.  You also have to consider timing.  If you are in delicate negotiations about a new job, for example, you can hold back on resolving the financial issues until you have reached an agreement on this and can give disclosure.

The most important thing is to make informed decisions.  The most important factor to making informed decisions is having a solicitor who knows what they are doing and can advise you properly on your options.  Need advice?

We are here to help 24 hours a day 365 days a year.  Either e-mail us anytime, call (01296) 662770 (Nick) or (01525) 373322 (Richard) during the normal working day or (07973) 424178 in an emergency.