Finding hidden assets during divorce
How do I find out if my spouse has hidden assets in a divorce?
Couples who are resolving their financial issues have a duty of full and frank disclosure of their financial circumstances, both to each other and also to the court. If a spouse fails to provide any disclosure during the divorce or if you suspect that your spouse's disclosure is incomplete then there are the following options for finding hidden assets:
- You will have the opportunity to raise questions or query apparent deficiencies about the disclosure that has been provided.
- A professional (sometimes forensic) analysis of the disclosure that has been provided for the divorce can indicate potentially hidden assets.
- It may be possible to obtain information from registers, or from someone other than your spouse, by involving them in the proceedings.
- The court has extensive powers to order/compel disclosure, and the ultimate sanction for failing to comply with a court order is imprisonment.
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.
Get in touch
Our team of divorce law solicitors are on hand to help and support couples who are thinking about divorce. Speak to one of our experts confidentially by phoning Sarah on the number below, or complete our online enquiry form and we will contact you directly.
+44 20 7597 6384 Email Sarah