Non-Disclosure and Hidden Assets

Suspecting that a spouse is not being fully open about their finances can quickly undermine your confidence in the divorce process. Where there are concerns about non-disclosure or hiding assets, it is important to take a considered and structured approach to protect your financial position and ensure any financial settlement reflects the true picture.

At JMW, our specialist family lawyers advise on all aspects of financial disclosure in divorce proceedings. We support clients in identifying potential non-disclosure, investigating concerns thoroughly, and taking the appropriate legal steps to secure full and frank disclosure. Whether your case involves straightforward finances or complex arrangements such as business interests, property portfolios or international assets, we provide clear, strategic guidance throughout.

Our approach is practical and proactive. We focus on bringing clarity and strategy to your situation, using the appropriate tactics and legal processes to establish the accurate financial position and move matters forward efficiently. Where necessary, we engage third parties including specialist accountants and digital forensics experts to investigate evidence and determine the extent of any non-disclosure.

Meet the Team

Our specialist family law solicitors combine strategic expertise with a clear, supportive approach to secure the best possible outcome for you.

What Happens if Assets Are Not Disclosed?

The court takes non-disclosure very seriously and has significant powers to penalise the offending party. If we can prove that your spouse has been hiding assets, we can ask the court to make powerful orders to deliver a fair outcome. Our role is to present a robust case to the court, clearly demonstrating the non-disclosure and its impact. We will then ask the court to use its case management powers to achieve a fair outcome for you, whether that is through a more favourable division of the known assets or an order for your legal costs to be paid.

The court has several options:

• Assuming hidden assets exist: if a judge believes one party is hiding assets, they can assume the hidden wealth is substantial. They may then award you a larger share of the visible assets to compensate.
• Cost orders: the party who failed to disclose assets may be ordered to pay your legal costs as a penalty for their misconduct.
• Setting aside a settlement: a financial settlement can be overturned if evidence of non-disclosure comes to light after the divorce is finalised. This means the entire case can be reopened.
• Criminal sanctions: deliberately lying on a Form E, which is signed with a statement of truth, is a criminal offence. It can lead to penalties for contempt of court, including fines and, in the most serious cases, imprisonment.

Failing to disclose will cause the other party to lose credibility with the judge, and will undermine their case.

How Hidden Assets Are Identified

Uncovering hidden assets requires a methodical and tenacious approach. We use a combination of legal tools and expert support to trace assets and compel full disclosure. This process turns a suspicion of non-disclosure into concrete evidence.

Our key methods for tracing assets include:

• Forensic questionnaires: we draft detailed legal questions that demand specific information and supporting documents from the other party, leaving no room for ambiguity.
• Forensic accountants: in cases involving complex financial interests, we instruct forensic accountants. They can act as financial detectives to trace hidden assets, analyse business accounts, conduct lifestyle audits, and provide expert evidence to the court.
• Digital forensics and data discovery experts: we work closely with experts who can analyse and extract digital data from all digital sources including computers, mobile devices and social media.
• Third-party disclosure orders: if your spouse refuses to provide information, we can apply for a court order to obtain financial records directly from a third party, such as a bank, employer, accountant, or business partner.
• Freezing orders: if there is a clear risk that your spouse is about to start transferring assets out of reach, we can apply to court for a freezing order. This is a powerful injunction that prevents them from dealing with specific assets until the court makes a final decision.

How JMW Can Support You Through the Process

When concerns about hidden assets arise during a divorce, it can add significant stress to an already difficult process. We provide clear guidance and a structured process to help you regain control.

1. Initial consultation: we will listen to your concerns in complete confidence and provide you with clear, straightforward legal advice on your options.
2. Strategic review: we will analyse the financial information you have and identify any discrepancies or areas that require further investigation.
3. Decisive investigation: we will take all necessary steps to uncover the full picture, from instructing forensic accountants to making applications to the court.
4. Achieving a fair outcome: armed with the evidence, we will robustly represent you to achieve the fair financial settlement you are entitled to.