Financial disclosure is the completion of documents that clarify your financial position as part of the divorce process. Financial disclosure involves a full breakdown of your individual and joint financial situations, along with evidence, such as bank statements, and pension valuations.
Both parties must provide full and frank financial disclosure of assets and debts before entering financial negotiations and agreeing on a settlement. Your solicitor can only advise you on your settlement if there has been full disclosure.
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Download our free guide to completing the Form E
Financial disclosure is often facilitated by completing Form E (view a Form E here), although it is only mandatory if your case needs to go to court. Most couples will choose to complete Form Es as it is the best way of clarifying financial positions.
Each party will complete an individual Form E, which breaks down their assets, including money, property, shares, savings, pensions etc and any liabilities. Forms are then exchanged and reviewed, before entering into negotiations.
Once an agreement has been reached, whether by direct negotiations or other non-court dispute resolution such as mediation, the parties will get a solicitor to draft a financial settlement, known as the consent order, to be submitted to the court. Providing the court finds the agreement fair and reasonable, it will be approved, legally dissolving the couple’s financial ties.
In some cases, disputes go to court, and a Judge has to make a final decision.
Download our free financial disclosure guide
Financial disclosure is important so that you can be aware of your own, and your ex’s financial situation. Full disclosure allows a complete picture of your financial situation, and what assets and liabilities there are to be divided upon divorce.
It is also important for your solicitor to have a clear picture so they can advise you on the best settlement. They will be unable to give you legal advice without financial disclosure.
A settlement is unlikely to be approved by the court as being fair and reasonable if there is not a full examination of all the assets a couple has, solely and jointly.
Seek advice from an expert family lawyer, and from a financial adviser where necessary.
Liza Gatrell is Managing Partner for Stowe Family Law across the South & West Coast regions, overseeing the firm’s offices in Portsmouth, Southampton, Farnborough, Fleet, Bournemouth, Exeter, Winchester, Newbury, Plymouth and Swindon. Liza is a Resolution member, SRA registered and is highly rated by Legal 500 for her practical and approachable style, Liza specialises in complex family law matters including high-value financial disputes, children cases and surrogacy law.
Originally published: 14/10/2021
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