Q&As

Where a party in divorce and financial proceedings is a co-director of a business with another person (with whom they are in dispute in relation to the business), and that person discloses information to the other party to the divorce in relation to the business dispute which is relevant to the financial proceedings, including solicitors correspondence, how should this information be deal with where financial information has not yet been exchanged?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on: 08 March 2019
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Within Financial remedy proceedings, both parties are under a duty to make Full and frank disclosure both in their Forms E and on an ongoing basis thereafter. It should be noted that the duty on a spouse to make disclosure of their finances only arises at the point when the Rules require the Form E to be filed.

In some cases, parties become concerned that the other party is failing to provide proper disclosure (or will fail to provide proper disclosure) and so take steps to unearth evidence themselves as to the other party’s finances. Depending on the circumstances such evidence may be considered

Katherine Illsley
Katherine Illsley

4 King’s Bench Walk

Katherine’s family practice covers matrimonial finance, TOLATA, Schedule 1, and private law children proceedings. She has experience acting for local authorities, guardians and parents in public law children cases, including in cases involving allegations of non-accidental injuries.

Katherine also is regularly instructed in housing and property work, and due to the frequent crossover with family law has a particular interest in cases involving trusts.

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Jurisdiction(s):
United Kingdom
Key definition:
Financial remedy definition
What does Financial remedy mean?

A financial order is a type of 'financial remedy' within proceedings for divorce, dissolution, judicial separation or nullity.

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