Family Solicitors

In divorce cases in England and Wales, the divorce itself is considered the most important factor, with matrimonial assets and other financial matters taking a secondary or ancillary position in the proceedings. As both parties are usually in agreement concerning the divorce there are normally no problems with this part of the arrangement or about arrangements for any children involved. However, there are frequently disputes about the financial assets of both parties, including such matters as pension rights. Consequently, ancillary relief proceedings can typically take several months to work through.

It is common for each of the parties to suspect the other of hiding at least some of their financial assets in order to come to a better final settlement. Full and frank disclosure of their assets by both parties, is urged before proceedings begin, in order to make the process less time consuming and stress-free. In addition, all the necessary documents and information should made available to allow negotiations to proceed without unnecessary delay. Full disclosure is also required if the parties are looking for public funding and have to attend preliminary mediation meetings.

Disclosure proceedings take place when one of the parties is not happy about the disclosure of financial information provided by the other or when the settlement process has fallen through because one of them is looking for a better court settlement.

Once the court has issued the proceedings, a financial statement (Form E) will be completed and sworn by each party. This will require them to provide a complete account or disclosure of their financial assets and is an ongoing obligation, in that if there are any changes to their financial circumstances after they have completed the form then these also must be disclosed to the court to be duly considered.

The courts take disclosure extremely seriously and if one or both parties seek to somehow avoid full disclosure of their assets this can have serious repercussions for their case. If a party deliberately lies over the contents of Form E, for example, then as this is a legal document it can be treated as contempt of court and punished accordingly, either with a fine or even imprisonment, although matters are not usually taken so far. The usual punishment for contempt of court, in such cases, is for the party so labelled to pay the court costs of the other, by the end of the proceedings this could amount to a substantial sum.

The party committing the contempt will also attract negative attention from the court as being an inherently untrustworthy character, which could count against them in a number of ways when it comes to assignment of assets.

Also, any order made by the court can later be set aside if it comes to light that assets had been hidden by either party. It is therefore of the utmost importance that all those concerned in ancillary relief proceedings fully understand the importance of disclosure. Family and Child Care solicitors, such as Duncan Lewis, will be happy to supply more information concerning this and any other matters.