What is financial disclosure in divorce?
Financial disclosure is a crucial factor in determining how a couple’s finances may be distributed following divorce. This exchange of information is ordinarily achieved by way of a financial statement which is known as a Form E. A Form E should provide a complete overview of your finances, including your properties, income, savings, investments and more with supporting documentation. There should be full transparency in your Form E to provide an accurate picture of your matrimonial finances, this will ensure that you receive well-informed advice from your legal representative who can accurately assess the options available to you.
If you suspect your spouse is hiding assets, seek professional guidance and consult with a solicitor on how to best proceed. Here at Hanne & Co our divorce lawyers can advise you on the legal process to obtain full financial disclosure and how to use legal tools to uncover hidden assets.
Hiding assets is considered a serious offence and the courts have robust systems in place to deal with non-disclosure, including:
Financial penalties
The discovery of undisclosed assets is likely to cause an increase in legal costs. The additional work required from both parties to uncover these assets may cause prolonged proceedings which will only serve to increase the costs of both parties.
Further, where the court does find that one party has not made full and frank disclosure, they may order the offending party to pay the legal costs of the other, this could apply to the proceedings as a whole or in regard to the application relating to undisclosed assets.
Adverse inferences
If the court is presented with the issue of non-disclosed assets, their power to draw adverse inferences can be a powerful tool in divorce proceedings. Adverse inferences are conclusions drawn by the court against a party who has failed to disclose their assets or failed to comply with ordered disclosure.
In such instances the court may find that, on the balance of probabilities, there are in fact undisclosed assets in the case and they will award the parties accordingly.
Revisiting or setting aside existing orders
The court has the power to revisit and set aside financial agreements where there has been previous material non-disclosure of assets within the original divorce proceedings.
Where it is apparent that assets were not disclosed within the original proceedings, and it is found that those assets were capable of being material to the financial agreement made, the court may revise the order to make a significantly different ruling. This revised order will reflect the true value of the marital assets and will, most likely, be more generous in favour of the other spouse.
Contempt of court
If one party believes the other has undisclosed assets, they can proceed with a contempt of court application. This would require the offending party to attend court before a judge, answer questions under oath and produce supporting evidence. If they refuse to comply, the court may find them in contempt, the consequences of which can vary from fines to imprisonment.
In the case of Hart v Hart (2017) the husband, who was 83 years old and in poor health, repeatedly breached court orders and failed to comply with his duty of disclosure. The High Court sent the husband to prison for 14 months for contempt of court. This case provides a cautionary tale of the extreme consequences of non-disclosure in divorce proceedings.
How should you handle suspected non-disclosure of assets?
Be aware that there are strict rules about obtaining the other party’s private and confidential documentation as evidence of the existence of an undisclosed asset. We recommend that you discuss the matter with Hanne & Co before acquiring any documents belonging to your partner.
If you would like more information on non-disclosure, please call a member of our Family Law team who would be happy to assist on 020 7228 0017 or by filling out an enquiry form below.
Frequently Asked Questions about Hidden Assets in Divorce
Financial disclosure means each spouse shares a full overview of their finances—including income, assets, debts, and pensions—during divorce. This is usually done using a legal form called Form E.
Form E is a detailed financial statement used in UK divorce proceedings. It helps ensure transparency by requiring documents like bank statements, mortgage information, and pension forecasts to support your declared assets and income.
Yes. Both parties are legally required to provide full and honest financial disclosure. Failure to do so can result in cost penalties, revised orders, or even contempt of court proceedings.
Speak to a solicitor immediately. The court has tools to uncover hidden assets and may draw adverse inferences or change existing financial orders if non-disclosure is proven.
Yes. If assets were deliberately concealed, the court can set aside the original order and issue a new one that reflects the true financial picture.
Yes—especially if they disobey court orders or lie under oath. In Hart v Hart (2017), a husband was imprisoned for failing to disclose assets.
No. Accessing your partner’s private financial records without consent can be unlawful. Always seek legal advice before trying to obtain evidence of hidden assets.
Contact our team today to discuss any of the above in more detail by submitting the form below.
"*" indicates required fields
