The duty of disclosure when facing divorce

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When facing divorce the financial arrangements can often be the most contentious issue, even compared to arrangements for the children. When you have worked hard to achieve the income and assets you have you could be forgiven for wanting to protect them from your former spouse.


There is however a duty when dealing with financial claims to give full and frank financial disclosure, setting out everything you have so that it can be considered as part of the matrimonial ‘pot’. Once a financial order is made then the expectation is that it will be final. A spouse who achieves an order without supplying full disclosure might therefore think they are safe from further scrutiny.


There is however the risk that if you fail to provide full disclosure then that final order could be open to appeal or re-examination. The Courts have recently decided on two cases where the husbands did not supply the Court with accurate information which would have been material to the decision, and allowed the wives to set aside those orders.


If therefore you either have an order which you feel was based on false information, or are separating and need help with financial arrangements, then you should seek legal advice.
For legal advice divorce and financial disclosure or any other family law matter please email or call 01453 847200.



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