Q&As

Where a party in financial proceedings has completed a statement of information for a consent order in Form D81, and then discovers that they are to receive an inheritance, are they under a duty to update the Form D81? What are the implications if they are unsure of the amount they will inherit?

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Produced in partnership with Nicholas Starks of St Ives Chambers
Published on: 05 December 2018
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The ‘duty of ongoing disclosure’ continues until the court has made its order and is fundamental to the process of financial remedy proceedings. In NG v SG (Appeal: Non-Disclosure), Mostyn J put it this way (at para [1]):

‘The law of financial remedies following divorce has many commandments but the greatest of these is the absolute bounden duty imposed on the parties to give, not merely to each other, but, first and foremost to the court, full frank and clear disclosure of their present and likely future financial resources. Non-disclosure is a bane which strikes at the very integrity of the adjudicative process. Without full disclosure the court cannot render a true certain and just

Nicholas Starks
Nicholas Starks chambers

St Ives Chambers

Nicholas is a senior junior counsel of over 20 years’ experience. He specialises in family financial provision, principally financial orders upon divorce but also claims under TLATA, IPFDA, sch 1 Children Act and Civil Partnership Act 2004. Nicholas frequently deals with high net worth claims, involving businesses, farming and overseas assets. Nicholas practices at all levels of the Court hierarchy and has been commended by the Court of Appeal for his 'lucid argument' (Kaur v Matharu [2010] EWCA Civ 930).

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

Consent is defined as any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data.

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