Divorce: What If Parties Try To Hide Assets?

Within the process of negotiating a Final Order the parties should first engage in a process of full and frank financial disclosure. This process is generally conducted by way of exchanging a completed document called a Form E. A Form E is a lengthy document that comprises of assets, capital, liabilities and pensions, importantly, the document should be verified by a Statement of Truth and supporting documentary evidence should be annexed. Given the length of the document, when correctly completed and executed, it illustrates the full and total picture of a parties’ financial position.

Once financial disclosure is exchanged the client and solicitor in receipt of the other parties’ Form E should spend time going through the document and making a note of any questions they wish to ask. Within this questionnaire, if there is anything within the original disclosure that suggests there may be an asset that has not been declared, it should be queried. Often, simply raising the question is enough to draw the necessary financial information.

If there remains any doubt, and subject to the available evidence, it may be possible to seek an Order from the Court, by way of an Application, making provision for further disclosure in order to investigate fully. If one party fails to disclose their assets and a Final Order is made then it can be reconsidered upon evidencing a material non-disclosure.

In practice, attempts to hide assets are rare and often easily identifiable.

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