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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34895
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi, What is the procedure if a spouse is not providing all

Customer Question


What is the procedure if a spouse is not providing all her financial disclosure during a divorce to work out a financial settlement without going through Court?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Could you explain a little more about the position please
Customer: replied 3 years ago.

Hi Clare,


One of my friend is going through divorce at the moment and he would like to reach a financial settlement without going through Court. He has provided all his financial disclosure including two years business account, a year of personal account bank statements, his pension with their current transfer value, shares etc etc etc... His ex wife is withholding some of her financial disclosure, ie she has not provided her pension current transfer value, shares certificate he knows about as he has found a copy of a certificate (still valid) and he doesn't know whether she is hiding other assets unknown to him. They had separate accounts and he only recently discovered she had a substantial amount of savings. (She was working part time, never had any children and she never contributed to the household bills, this information has been proven).

I have told him that it is fraudulent not to declare assets. What would be his next step? Does he need to report it as fraud? How does he do that? Who does he need to approach? etc... in effect, what is the procedure?

Thank you in advance for your reply

Expert:  Clare replied 3 years ago.
It is bad news I am afraid
She has not done anything Fraudulent at all at this stage
At this stage disclosure is Voluntary.
If your friend knows that full disclosure has not been made then he can challenge her on that and invite her to give those details he KNOWS that she has.
If she still refuses then his only option is to make a Financial Application to the Court so that they are locked into a formal process and can ask the court to order that these matters are disclosed
Please ask if you need further details