How Do I Get Financial Disclosure From My Spouse During Divorce?
Divorce is stressful enough without wondering what your spouse isn’t telling you about their finances. Getting financial disclosure can feel confrontational, especially if you want to keep things amicable. But here’s the truth: you can’t make a fair decision about your financial settlement without seeing the full picture.
This guide explains how to get the disclosure you’re entitled to—and what to do if your spouse won’t cooperate.
Why Financial Disclosure Matters
Getting divorced involves two separate steps: ending the marriage itself, and sorting out the finances. You cannot make a fair financial settlement unless you know what you’re dividing.
Financial disclosure means your spouse must show you all their money, property, pensions, business interests, debts and regular expenses. This isn’t optional—it’s a legal duty. The court calls this “full and frank disclosure”, and it remains a duty even after a settlement has been agreed.
Without complete financial information, you risk settling for far less than you’re entitled to. Discovering hidden assets years later can be extremely difficult and costly.
Form E: The Official Financial Statement
When financial matters go to court, both you and your spouse must complete financial disclosure using a document called Form E.
Form E is a 29-page official form that sets out everything about your financial circumstances. It covers:
- Properties and land you own (solely or jointly)
- Bank accounts and savings
- Investments and shares
- Pensions
- Business interests
- Income from all sources
- Debts and liabilities
- Monthly expenses
- Your financial needs and the children’s needs
You also need to attach supporting documents—typically 12 months of bank statements, recent payslips, tax returns, property valuations and pension statements.
Form E is signed with a statement of truth. This is not a casual document. Dishonesty on Form E is treated seriously. If your spouse lies about their finances and you only discover this later, the court can set aside (overturn) any settlement agreement.
In serious cases, lying on Form E can result in contempt of court proceedings.
Before Court: Voluntary Disclosure
You don’t necessarily need to go to court to get financial disclosure. Before any court proceedings, the law expects both of you to attempt to resolve matters through discussion, mediation, or negotiation.
If you’re sorting things out without court, you can ask your spouse for financial disclosure voluntarily. Many people exchange completed Form E documents before starting formal proceedings. This can speed up negotiations and save costs.
However, voluntary disclosure is exactly that—voluntary. If your spouse refuses to cooperate, the only way to force disclosure is through court proceedings.
Going to Court: From Form A to Settlement
To apply to court for a financial order, you file a document called a Form A. You can only file Form A once you have already applied for divorce (or civil partnership dissolution), or in certain other circumstances.
Once you’ve filed Form A, the court will set a timetable. Your spouse must then complete and serve Form E on you at least 35 days before your First Appointment. This 35-day deadline is important—it gives both of you time to review each other’s financial information and prepare for what comes next.
At the First Appointment, the judge will review both Form E documents and give directions on how the case will proceed. In many cases, the First Appointment leads to a Financial Dispute Resolution (FDR) appointment—an informal settlement meeting with the judge, which often leads to settlement.
If you do settle, you’ll need to formalise the agreement with a consent order—a court order that makes the settlement legally binding and typically includes a clean break, ending future financial claims.
What If Your Spouse Won’t Disclose?
If your spouse fails to provide Form E, or provides an incomplete or dishonest form, you have options:
Send a formal request.
Your solicitor can write asking your spouse to comply. A formal request creates a record that they have been asked.
File a questionnaire.
At your First Appointment, you can ask the court for permission to serve a questionnaire—a series of detailed questions about their finances. Your spouse must answer under oath.
Apply to the court.
If your spouse still refuses, you can apply to court for an order compelling disclosure. The court takes this seriously. Breach of a court order can result in being held in contempt.
Proceed with limited information.
In some cases, the court will allow the case to proceed with incomplete disclosure. The court can make orders based on the information available, though this is a last resort.
Common Misunderstandings
“They don’t have to disclose if we agree.” Wrong. Even if you reach a settlement, the duty of disclosure continues. You must disclose any material changes (a bonus, an inheritance, a job loss, a redundancy) even after you’ve agreed. Failure to do so can lead to the agreement being overturned.
“I only need to disclose assets worth thousands.” Wrong. Form E requires disclosure of all assets over £500.
“They can refuse to disclose personal items like jewellery.” Wrong. Even personal possessions must be disclosed at their estimated value.
“If they refuse, the court will just order a 50/50 split.” Wrong. The court has discretion. It will consider what information is available, but it won’t automatically split everything equally. However, your spouse’s refusal to cooperate may affect the court’s view of them and could lead to costs orders against them.
What Happens After Disclosure
Once both of you have exchanged financial information, you attend a First Appointment with the court. The judge will review both Form E documents and give directions. In many cases, the First Appointment leads to a Financial Dispute Resolution (FDR) appointment—an informal settlement meeting with the judge, which often leads to settlement.
If you do settle, you’ll need to formalise the agreement with a consent order—a court order that makes the settlement legally binding and typically includes a clean break, ending future financial claims.
Before You Settle
Before you agree to a settlement, always:
- Check your spouse’s Form E carefully against the supporting documents
- Ask questions if anything seems unclear or incomplete
- Obtain specialist advice if there are complex issues (pensions, business valuations, tax)
- Ensure you understand what you’re giving up and what you’re receiving
- Make sure the settlement meets your needs and the children’s needs
Getting proper financial settlement advice advice before you settle can save you significant money and regret later.
Next Steps
If you’re going through a divorce and facing resistance to financial disclosure, or if you’re simply unsure how to request it properly, this is exactly what we do. Financial disclosure can be complex, and getting it right from the start saves time, money and heartache later.
We’ve helped many people in your situation navigate this process successfully. We know how to request disclosure, how to spot incomplete or evasive responses, and how to escalate to the court when necessary.
If you need expert help to get financial disclosure from your spouse, call our family law team to discuss your situation. We can guide you through each step and make sure you have the full financial picture you need to settle fairly.
Frequently Asked Questions
1. What if my spouse’s income fluctuates (self-employed, bonuses, commissions)?
You need to see bank statements and tax returns covering several years to understand the realistic income picture. Averages matter more than single-year figures.
2. Can I get my spouse to disclose assets they say belong to someone else (a parent, a trust)?
If an asset isn’t legally theirs, it won’t be divided between you. However, if they benefit from it or have realistic access to it, it may still be considered as a financial resource.
3. What if I discover hidden assets after we’ve settled?
In limited circumstances, you can apply to the court to set aside a settlement. However, this is difficult and costly. Getting disclosure right the first time is far better.
Disclaimer
The information contained in this blog is provided for general information purposes only. While reasonable care is taken when preparing the content, its accuracy, completeness and currency are not guaranteed, and it should not be relied upon.
The content does not constitute legal advice and is not a substitute for advice tailored to your individual circumstances. No solicitor-client relationship is created by reading or acting upon this blog. You should obtain specialist legal advice before taking, or refraining from taking, any action based on its contents.