Disclosure and Confidentiality

As a minimum, you will need to provide information about any properties you hold, 12 months’ statements for every bank account whether in your sole name or jointly held with others, details of any savings and investments, details of any liabilities you have, valuations of your pensions and information about your income from all sources, including your payslips and P60 if you are employed or last two years accounts and tax returns if you are self-employed. If you have an interest in a business, under a trust or agricultural assets, you will need to provide additional information.

Dissipating assets is a very serious matter. It is important to seek advice at the earliest opportunity. It is very important to act quickly in these circumstances. The court has a wide range of powers to make a number of orders to prevent this prejudicing your matter, including making an order preventing the disposal of assets, an order requiring assets already disposed of to be transferred back or a freezing order over certain assets or bank accounts.

Separation can be a difficult time and disclosure may seem like an intrusive process. Non-disclosure is strongly discouraged and if your spouse has failed to accurately disclose their financial position, this may be deemed to be fraud or have such an effect that the court may decide to set aside the order or agreement because of the lack of openness and honesty about the financial arrangements.