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Insight > Divorce and family FAQs > Do I have to give financial disclosure as part of the mediation process?
Mediation and other methods of Non-Court Dispute Resolution (NCDR)
Do I have to give financial disclosure as part of the mediation process?
However you choose to resolve the financial issues resulting from separation (whether through the courts or NCDR), it is almost always necessary to give full and frank disclosure of your finances. This is to ensure that an informed dialogue can take place. In court proceedings, there is a standard format for this disclosure ('Form E') which requires each of you to disclose all of your worldwide assets, income and resources both at the time the form is completed and for the previous 12-months. You each then have the opportunity to raise questions about the other's disclosure.
During mediation or another form of NCDR you can choose to use a Form E or can agree to use a different format for your financial disclosure (eg a summary schedule with or without supporting documents), and you can choose to prepare your disclosure individually or agree to do it together.
It is important to note that financial information disclosed during mediation is not privileged and can be referred to in later court proceedings.
In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.
We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).
These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.
Any pricing information is similarly general. Our clients' relationship with us is governed by the terms of the engagement letter sent to them at the beginning of their instruction.
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