Courts in England and Wales are relatively good at finding and locating hidden assets and are familiar with the fact that sometimes a spouse in a marriage will seek to cover up certain funds or payments which are imminently due. To counter this, the courts encourage what is known as a, “cards on the table” approach. In other words, parties are expected to disclose all their assets fully and frankly.

Using Form E to disclose finances

Parties usually disclose in what is known as a “Form E” which is the financial disclosure form which is required most financial proceedings. Form Es are filled out and exchanged between parties. The purpose of the form is to enable both sides to provide the Court with full details of their finances. Bank statements going back 12 months have to be included as do payslips, business valuations and housing valuations. If the form is complete and there are no further material questions left unanswered, then the chances of settling a case improve.

If either party does not fully disclose

If there is a suspicion that someone has not disclosed all their assets it is possible to ask further questions in the litigation process. The usual document for this is a document simply known as a “Questionnaire.” This allows parties to ask questions about the documents disclosed and query specific transactions. The Questionnaire is particularly useful at, for example, querying unusual bank transfers or entries in bank statements that are suspicious. In most cases the Questionnaire usually effectively locates the majority, if not all of the assets and often locates hidden assets. It is also possible to ask for directions for a forensic accountant to be appointed or to raise further questions or queries in supplementary documents.

Deliberate refusal to disclose

In the case someone is wilfully and deliberately refusing to disclose their assets there are penalties which include cost penalties and even imprisonment. In unusual cases, or if it becomes obvious the assets are being dissipated to deprive a spouse of their entitlement, it may be possible to seek further orders such as an “avoidance of dissipation” order or a worldwide Freezing Order which effectively precludes any substantial dealings prior to litigation and/or retains the assets until the parties agree a settlement or the court makes final orders.

If it becomes apparent throughout the litigation process that assets are being hidden for some or all of the litigation, adverse findings may be made against the spouse who has defaulted on what is known as his or her obligations of, “full and frank financial disclosure.” One such example of this in the media was where the former tycoon, Mr Scot Young, was committed to prison for refusing to answer particularly pertinent questions put by his wife. The full judgment of Mr Justice Moor can be found here. Although the court is rarely required to go to such lengths to enforce the terms of its directions, the case does show that the court and will be prepared to do so in order to make sure assets are not hidden or kept out of reach for a financial settlement. See also our example “problem scenario” below.

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Hidden Assets Scenario

The scenario below does not relate to any individual clients of ours but the facts and the outcomes relate to some similar experiences in our practice.

The Scenario

Mrs A has been married to Mr B for over 10 years. The parties have four children.  Mr B is a successful businessman and property developer.  Mr and Mrs A have enjoyed a lavish lifestyle.

In recent years the marriage soured. The parties recently attended mediation which was unsuccessful in resolving their differences. Mrs A believes that Mr B is being secretive about his personal life and about his wealth.

Eventually financial proceedings are filed and Form Es are exchanged. In the Form Es Mrs A notices that there are a number of suspicious bank transactions and she is concerned about these.

Our Solution

We draft a Questionnaire which asks about the suspicious transactions. Eventually Mr B answers our Questionnaire but provides a vague and misleading answer. We draft a further Questionnaire and Schedule of Deficiencies. Mr B confirms that he does in fact have a separate, tenanted property (worth £400,000) which he has never told Mrs A about.

Eventually the matter settles at the next court hearing but Mrs A receives a much higher settlement as a result of the extra scrutinisation of the assets in this case.

Note: The above scenario does not relate to any individual clients of ours but the facts and the outcomes relate to some similar experiences in our practice.

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About The Team

We are a specialist divorce and international divorce family law team, advising clients in the United Kingdom (specifically England and Wales) and throughout the world. We have a very people–orientated approach to working with clients. Henry Brookman has practised law for over 45 years, and our team has a wide range of skills and expertise. We are recommended by the Legal 500 and have been awarded the Law Society’s quality mark, Lexcel.

Partner

Philip Morton

Recommended by The Legal 500, Philip is an expert in all areas of family law, including domestic and international financial disputes, fraud and commercial dispute resolution.

Partner

Henry Brookman

With over 45 years' experience, Henry Brookman is the senior member of the team. He is described by The Legal 500 as ‘shrewd, savvy, sagacious and highly experienced’.

Partner

Natasha Slabas

Expert in all areas of family law, often involving cases that have an international element, including work in relation to financial settlements following divorce.

Partner

Mark Rennie

Mark is the Group Head of the Horsham Family Law team. He specialises in all areas of matrimonial law, including complex divorce and financial disputes, and is recommended by The Legal 500.

Partner

Nigel Winter

A highly experienced solicitor, Nigel has expertise in collaborative law, divorce, contested litigation, relationship agreements, and children matters. Nigel is recommended by The Legal 500.

Partner

Samantha Jago

Partner at our Guildford office and recommended by The Legal 500, Samantha has specialist expertise in divorce, children matters, complex international cases, and is a trained mediator.

Partner

Joanna Potbury

Family law specialist based in Brighton advising on divorce, cohabitation agreements, children, post-nuptial agreements, and domestic violence. Joanna is recommended by The Legal 500.

Partner

Kevin Danagher

Kevin specialises exclusively in family law, advising on all aspects of relationship breakdown, divorce, same sex marriage, marital agreements, and international family cases.

Partner

Ella Welsby

Known for her sensitivity and discretion combined with significant expertise, Ella advises on all family issues including high-value and multi-jurisdiction divorce and complex financial and children matters.

Partner

Gemma Garrett

Based in Horsham, Gemma is a specialist advising on all areas of family law including divorce and separation (often involving jurisdiction issues), complex financial matters, and children matters.

Partner

Alicia Cenizo

Alicia is a Partner in the family team and advises on all elements of family law, particularly private children work, including matters with an international element such as relocation.

Partner

Rachel Osgood

Rachel specialises in financial claims on divorce and separation with a particular emphasis on high value cases and those involving inheritances, family businesses and claims by adult children.

Partner

Nisha Tayal

With over 20 years of expertise in family law, Nisha specialises on all aspects of relationship breakdown and is trusted by clients for her discreet, tailored advice.

Family Director (filex)

Natalie Matthews Bunting

Natalie is a specialist in divorce and financial remedy, including high value cases involving multiple pensions, multiple properties and multiple businesses.

Senior Associate

Lauren Blythe

Lauren is a highly regarded specialist family law solicitor, based at our Guildford office. She advises on divorce, family finances, children matters, domestic abuse, cohabitee issues, and relationship agreements.

Senior Solicitor

Susan Hayes

Susan qualified as a solicitor in 1992 and is based at our Brighton office. She is a longstanding member of the Law Society Specialist Children Panel and Family Law Panel. Susan is also a trained Collaborative Lawyer.

Associate

Rachael Au

Rachael is a highly capable member of the family team in Brighton. She specialises in family law, advising on divorce, civil partnerships, financial matters, and children issues.

Associate

Alice Barrett

Alice advises and supports clients on a range of family law matters including divorce, separation, financial remedy, private children matters and emergency applications.

Associate

Amelia Groom

Amelia has experience across a full range of family matters, including divorce, complex disputes regarding finances that range from trusts through to cryptocurrencies, and arrangements for children.

Associate

Natalie Higham

Natalie is a Family Legal Executive who advises individuals on divorce, separation, financial remedies available to them on the breakdown of their relationship, and children matters.

Associate

Katie O'Kelly

Katie advises on a wide range of family law matters including co-habitation, divorce and separation, financial remedies, and private children law matters.

Solicitor

Sophie John

An experienced solicitor, Sophie advises on matters relating to divorce, financial separation in both marriages and cohabiting relationships and children arrangements.

Paralegal

Michelle Davies

Part of the Family Law team, Michelle supports on a variety of cases involving divorce, finances, children matters and day to day enquiries.

Paralegal

Isabelle Basson

Isabelle is responsible for following up day-to-day enquiries, administrative case management and generally supporting the Family team fee-earners.

Paralegal

Amelia Mahraj

Amelia is responsible, in her current role, for dealing with day-to day enquiries, administrative duties and supporting fee earners.

Paralegal

Aimee Atalay

Aimee provides dedicated support to the Family and Contentious Probate teams across a diverse range of matters. Aimee studied Law and Criminology at the University of Kent.

Paralegal

Izzy Minor

Izzy Minor is a Paralegal in the Family Team, supporting fee earners, and is a qualified Advanced CILEx Paralegal (MCILEx), holding a Diploma in Law and Practice.

Paralegal

Madison Bryant-Pollins

Madison provides dedicated support to the Family and Contentious Probate teams, including case management and the provision of clear, empathetic assistance to clients.

Secretary

Victoria Delatouche

Victoria is a highly experienced Legal Secretary and a long-standing member of the team. She provides secretarial support for the office.

Secretary

Michelle Louison

Michelle provides secretarial support to Henry Brookman. A very experienced family law secretary, Michelle has worked in law for over 12 years.

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