Financial Disclosure in Divorce

What is Financial Disclosure?

Financial disclosure in divorce involves both spouses providing a comprehensive overview of their financial affairs—including income, property, savings, shares, pensions, and any debts or liabilities. This ensures transparency when negotiating a financial settlement, allowing each party (and their respective solicitors) to make informed decisions about how assets should be divided.

How Does Financial Disclosure Work?

  1. Form E

    • Completion: Each spouse (or civil partner) typically fills in a Form E, detailing all assets, liabilities, and financial interests.
    • Exchange & Review: The parties exchange their completed forms and supporting evidence (e.g. bank statements, property valuations, pension valuations).
    • Negotiations: Once each side reviews the other’s financial information, they can begin negotiating a financial settlement, potentially through direct discussion or via mediation.
  2. Consent Order

    • Agreement: If negotiations lead to a mutually acceptable arrangement, solicitors will draft a financial settlement in the form of a consent order.
    • Court Approval: The settlement is submitted to the court for approval. Providing it is deemed fair and reasonable, the court approves it, finalising the financial aspect of the divorce.
    • Court Proceedings: Should negotiations fail, the dispute may move to court, where a judge will decide how assets are divided.

Why Is Financial Disclosure Important?

  • Transparency & Fairness: A complete view of both spouses’ assets and liabilities helps ensure equitable distribution.
  • Essential for Legal Advice: Your solicitor cannot accurately advise you on settlement terms without a clear picture of your and your ex-partner’s finances.
  • Court Approval: Courts are unlikely to endorse a settlement if there hasn’t been full and frank disclosure.

Seek Professional Guidance

Given the intricacies of financial disclosure, it is advisable to consult:

  • A Specialist Family Lawyer: To guide you through the legal process and draft the consent order.
  • A Financial Adviser: Where appropriate, especially in cases involving complex assets or investments.

HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN

Telephone: 02071128180
Email: info@hmsolicitorsltd.com

For tailored advice on financial disclosure and other aspects of divorce, our experienced team is here to help you secure a fair and efficient settlement.

Your Questions, Answered

FAQs

FAQs: Forensic Accountants in Divorce

What financial aspects can forensic accountants investigate?

Our forensic accounting team may examine various financial records and assets, such as family bank accounts, business interests, properties, pensions, and even cryptocurrencies. Their aim is to uncover any discrepancies or hidden assets, ensuring a transparent and fair settlement.

They are particularly helpful if one party has had significantly more control of the family finances, enabling both spouses to gain clarity on the true financial picture.

 

How do forensic accountants uncover discrepancies?

A forensic accountant combines auditing, investigative techniques, and financial management skills to build a comprehensive overview of family finances. They might analyse:

  • Bank statements and transaction histories
  • Financial reports and tax records
  • Spending patterns
  • Evidence of hidden or transferred assets

Because these investigations can be complex, it’s advisable to seek advice from a forensic divorce accountant as early as possible in the proceedings.

 

Can forensic accountants assist cohabiting couples who separate?

Currently, cohabiting partners in England and Wales do not enjoy the same legal rights as married couples, such as the automatic right to inherit one another’s property or pension. As a result, there is no specific legal framework to divide assets when a cohabiting couple separates, so forensic divorce accountants are typically not employed in cohabitation disputes in the same way they are for divorcing spouses.

 

How can a spouse be prevented from hiding or selling assets during divorce?

In high-conflict or high-net-worth cases, a spouse might attempt to conceal assets or dissipate funds to reduce the amount available to their ex-partner. A forensic accountant can help expose such hidden wealth or unusual expenditures.
In certain circumstances, a freezing order may be issued by the court to protect relevant assets from being sold or transferred before a fair settlement is reached.

 

Who decides how assets are split during a divorce?

If the couple cannot agree on their own, the court will determine the division of assets, guided by principles of fairness. Factors considered include:

  • Income and earning potential
  • Child and spousal responsibilities
  • Standard of living during the marriage
  • Any other relevant circumstances

Every divorce case is unique, and there is no single rule about how assets must be divided.

 

How much do forensic accounting services cost?

Because each investigation is tailored to the specific circumstances of a case, there is no fixed fee for these services. Once our forensic accountants understand the scope of work required, they will provide an estimated cost so that you have a clear idea of the potential expenditure involved.


Need More Information or Assistance? Contact HM & Co. Solicitors
Address: 186 Lower Road, Surrey Quays, London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com

We are here to guide you through the forensic accounting process, ensuring you have the accurate financial insights necessary for a just and transparent divorce settlement.

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