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Will my spouse be required to disclose financial assets on divorce?

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My marriage has ended and my husband has moved out of our matrimonial home.

I am very concerned about my financial future. My husband works full time and earns a very good salary, however I only work part time. We have two children together, aged seven and four, who live with myself.

My husband has always been very secretive about his financial assets. He has a pension, several savings accounts, and investments in his sole name but I do not know what these are worth or which financial institutions they are held with.

If I issue divorce proceedings and apply to the court to resolve financial matters will my husband be required to provide details of his financial circumstances?

Yes. Your husband will be ordered to complete a Form E Financial Statement disclosing full details of his financial circumstances. This is a lengthy document which will include details of his bank accounts, savings accounts, investments, property assets, pensions and his income. He would also be required to provide evidence of such assets and income, including bank statements, valuations of investments and pensions, payslips and P60.

You will also be required to complete a Form E which will be shared with the court and your husbands solicitors, while the court and your solicitors will have access to your husbands financial statement.

Your solicitors will have the opportunity to request any further information and documentation which may be missing from your husband’s Form E, or to request clarification if any of the information is unclear or incomplete.

If necessary, your husband will be cross examined under oath by your solicitor or barrister about the information provided in the Form E.

The court will only make decisions relating to your finances once it is satisfied that all financial information and documentation has been provided.

For more information on the division of financial assets on divorce, or to discuss any aspect of family law, contact Janine Hutson on 01772 258321 or janine.hutson@harrison-drury.com. Janine works as a family solicitor at our Harrison Drury office in Preston – we also have solicitors in Garstang, Lancaster and Kendal. 


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