A third-party disclosure order allows the family court to require someone outside divorce proceedings to disclose specified documents. It can help clarify a couple's finances when information is missing, incomplete or disputed. This article concerns divorce cases in England and Wales.

A bank, employer or company may hold relevant records. A third-party disclosure order does not give unrestricted access to another person's finances: the court must be satisfied that the legal test is met.

If financial information is missing, our non-disclosure and hidden assets solicitors can advise on your options. Call 0345 872 6666 in confidence.

What are third-party disclosure orders?

• What they do: Require a non-party to disclose particular documents or categories of documents.
• When they are used: Where relevant evidence is needed for the court to reach a fair decision, or disclosure would save costs.
• Who may receive one: Banks, businesses, employers, accountants or other people holding relevant records.
• What they do not do: Give either spouse unlimited access to a third party's confidential information.

When might a third-party disclosure order be needed in divorce?

Both spouses must provide full and frank financial disclosure. This usually starts with Form E and supporting documents, followed by questions about gaps or inconsistencies.

Third-party disclosure may be needed where there are:

• Unexplained transactions: Bank records could clarify transfers to unknown accounts.
• Business interests: Company documents may establish ownership, income or value.
• Property disputes: Records may clarify ownership or the source of funds.
• Missing income: Employment records may establish earnings, bonuses or benefits.
• Complex structures: Records relating to trusts or overseas assets may clarify a spouse's resources.

A disclosure request does not necessarily mean assets have been concealed. The information may simply need verifying. For instance, an apparently unexplained transfer could have a legitimate purpose, but supporting records may be needed to establish what happened.

Who can be required to provide third-party disclosure?

A non-party disclosure order can be made against a person or organisation holding relevant documents, depending on the information sought.

These records are not automatically available. The court considers relevance, necessity and any applicable legal protections, including confidentiality. The term 'documents' also covers electronically recorded information, so a disclosure order may concern digital records as well as paper files.

When will the family court grant a third-party disclosure order?

Rule 21.2 of the Family Procedure Rules governs applications under a relevant statutory power for disclosure from a non-party. Applications must be supported by evidence.

The court can grant an order only if disclosure is necessary to dispose fairly of the proceedings or to save costs. Speculation is not enough: the applicant must explain why the documents matter. The court will also consider whether the proposed request is suitably focused, rather than an attempt to search broadly for possible evidence.

Why must a disclosure request be specific?

The order must identify specific documents or classes of documents. A request for statements from a particular account and period is more focused than a demand for every record a bank holds.

This helps the court assess whether the request is justified.

How does the court protect confidentiality?

A third party may have grounds to withhold material, including documents protected by legal professional privilege. Under rule 21.3, the grounds must be explainedexplained, and the court can decide whether they apply.

An order cannot compel a third party to disclose documents that could not be required at the final hearing. Confidentiality matters, butmatters but does not automatically prevent disclosure.

How do you apply for a third-party disclosure order in family court?

An application generally involves four stages:

1. Identify the missing information. Establish what is outstanding and why existing disclosure, correspondence or questionnaires have not resolved the issue.
2. Identify the documents and their holder. Explain precisely which records are needed, who controls them and how they relate to the financial questions in dispute.
3. Prepare a supported application. Provide evidence explaining why the legal test is met. Applications under rule 21.2 may be made without notice where appropriate, although that is not the right approach in every case.
4. Follow the court's decision and directions. If an order is granted, it will specify the documents or categories required and may set the arrangements for disclosure and inspection.

This process differs from requesting more information from a spouse. Disclosure between the parties Under Practice Direction 21A, disclosure usually begins with Form E and follow-up questionnaires. A request to a non-party requires separate justification.

What happens after a third-party disclosure order is made?

The recipient must comply with the terms of a valid order unless the court changes it or permits information to be withheld. Depending on the order, they may need to produce documents for inspection by a specified date.

If the documents are no longer under their control, they must identify that position as required by the order. They may also have to explain what happened to the records.

The information obtained may clarify ownership, value or transfers, supporting negotiations and decisions about a financial settlement. The order itself does not determine the division of assets. Nor does obtaining documents necessarily prove dishonesty. The records must be assessed in the context of the parties' wider financial disclosure.

Can a third party refuse to disclose information?

A recipient should not simply ignore a court order. However, there may be legitimate reasons to challenge its scope or claim that certain documents should not be inspected.

The Family Procedure Rules allow a person to identify a right or duty to withhold inspection and explain the grounds for doing so. The court can consider the objection and decide what disclosure is required. Deliberate failure to comply with a valid order can lead to enforcement action and, in serious cases, contempt of court proceedings.

Anyone receiving such an order should seek legal advice promptly about their obligations and the appropriate response.

What if you disagree with a request for third-party disclosure?

If your former partner seeks records from your bank, employer or business, the court will assess necessity rather than simply agreeing to the request.

Legal advice can establish whether the scope is excessive or existing disclosure answers the questions. Sometimes further explanation resolves the dispute.

If the request forms part of wider concerns about your finances, our solicitors responding to allegations of non-disclosure in divorce can help you explain your position and address the issues constructively.

Who pays for a third-party disclosure order?

An application will involve court fees, solicitors' fees and the costs of producing the documents. Although the usual starting point is that each party pays their own costs, the court can determine who should pay the costs of a third-party disclosure application.

An application may involve court fees, solicitors' fees and costs of producing documents. The court can make directions about who pays.

In financial remedy proceedings, the usual starting point is that each spouse pays their own legal costs. However, the court can make a different order because of a party's conduct, including unreasonable positions taken during proceedings. The allocation of costs in a particular disclosure application will depend on its circumstances.