If you are going through a divorce and suspect that your partner is not being honest about their finances, you are not alone. It is one of the most common concerns raised by clients going through separation — and one of the most important to address.

The good news is that the law is firmly on your side.

What is financial disclosure?

Financial disclosure is the process by which both parties are required to provide full, frank, and accurate details of their financial circumstances. This includes income, assets, property, savings, pensions, investments, business interests, other capital interests including trust interests, and liabilities.

In England and Wales, not every divorcing couple will need to go through formal court proceedings to resolve their finances. Many couples reach agreement through direct discussions, mediation, or negotiations between solicitors, or some other form of alternative dispute resolution. However, regardless of the route taken, some form of financial disclosure must take place. It is not possible to reach a fair or informed settlement without both parties having a clear picture of the overall financial landscape.

Where court proceedings are underway, disclosure is formalised through a document known as a Form E — a detailed financial statement which sets out in full each party’s income, assets, liabilities, pensions, and outgoings, and other relevant circumstances. The Form E is signed with a statement of truth, and providing false or misleading information is a serious matter with significant legal consequences.

Where couples are resolving matters voluntarily — whether around the kitchen table, in mediation, or through solicitors — there is no strict requirement to use a Form E. However, it remains the gold standard. It is comprehensive, structured, and leaves little room for important information to be overlooked or conveniently omitted. We would usually recommend using it as the basis for disclosure, whatever route you are taking.

What happens if my partner refuses to disclose or is being evasive?

Unfortunately, not everyone approaches financial disclosure with honesty. Some parties delay, provide incomplete information, or attempt to conceal assets altogether. This can feel deeply frustrating — and deeply unfair.

If your partner is refusing to engage with the disclosure process or you have reason to believe that the picture they are presenting is not accurate, there are steps we can take.

Questionnaires and requests for further information

Standard disclosure will include documents such as bank statements, tax returns, and business accounts. However, where disclosure appears incomplete or raises further questions, we can seek additional documentation — credit card statements, director’s loan account statements, detailed questions arising from annual accounts, business bank account statements, and company information. The extent of any such requests will always be proportionate to the issues in dispute and the assets involved, but where something doesn’t add up, we will pursue it. Often, the detail contained within these documents tells a very different story to the one being presented.

Court proceedings and disclosure orders

Where a spouse refuses to provide disclosure voluntarily, court proceedings can be commenced so that the court itself orders disclosure. This puts the obligation on a formal legal footing — failure to comply with a court order is a serious matter.

Where a party still provides incomplete or inadequate disclosure despite court proceedings being underway, the judge can make specific disclosure orders targeted at the gaps or inconsistencies in the information provided. These can be highly effective in compelling a reluctant party to come clean.

Third-party disclosure orders

Where a party continues to be evasive, we can go directly to the source. Applications can be made for disclosure orders against third parties and financial institutions — banks, accountants, and companies — requiring them to provide information directly to you and the court. This can be a powerful tool where assets are being deliberately concealed or routed through third parties.

Forensic financial analysis

Where business interests or complex financial structures are involved, we work with forensic financial experts who specialise in tracing and valuing hidden wealth. Company accounts, director’s loan accounts, and dividend records can all tell a story — particularly where lifestyle appears inconsistent with declared income.

Unpicking complex structures

Some parties attempt to conceal wealth through complex company or offshore structures. This is an area in which I have developed a particular specialism. These structures can look impenetrable from the outside, but with the right expertise and the right team around you, they rarely are.

Adverse inferences

Where a party persistently fails to provide disclosure or the information provided simply does not add up, the court has the power to draw what are known as adverse inferences. In plain terms, this means the court can assume the worst — and make a financial award on that basis. It is a powerful deterrent, and one the courts are increasingly willing to use.

What should I do if I think my partner is hiding assets?

The most important thing is to act early and seek specialist legal advice. The earlier we are involved, the more options are available to us and to you.

If something feels wrong about the financial picture you are being presented with — trust that instinct. You know your family finances better than anyone. If your partner’s declared income does not match your lifestyle, if assets have recently disappeared, if business accounts look unusual — these are all things we can investigate.

You do not have to simply accept what you are told.

Why does this matter so much?

A financial settlement based on incomplete or dishonest disclosure is not a fair settlement. And in some circumstances, if it later comes to light that material information was concealed, a court order can be set aside — even years after it was made.

Getting this right matters enormously — not just for you, but for your financial security and your future.

What are the consequences for a party found to have concealed assets?

The consequences of deliberate non-disclosure can be severe. Where a court finds that a party has been dishonest, it can:

• Make a more generous financial award to the other party in respect of the available assets to reflect the non-disclosure
• Draw adverse inferences about the true extent of a party’s wealth
• Order the dishonest party to pay the other side’s legal costs
• In serious cases, refer the matter for contempt of court proceedings — which can result in a fine or imprisonment

It is also worth noting that where fraud or serious non-disclosure is later discovered, the court has the power to set aside a financial order — even years after it was made — and reopen the case entirely.

In short, attempting to hide assets in divorce proceedings is not only morally wrong, it carries very real and very serious legal risk.

How can JMW Solicitors help?

At JMW Solicitors, our Family team has extensive experience in complex financial remedy proceedings, including cases involving the non-disclosure of assets. We work closely with leading barristers and forensic financial experts and regularly act in cases across England and Wales where one party has gone to significant lengths to conceal their true financial position.