Full financial disclosure between spouses during the divorce process is essential so that you, together with your solicitors (and the courts if necessary), can decide what a fair split of your finances will look like. If your spouse doesn’t fully disclose their finances during the divorce process then there can be very serious implications.
If you suspect that your spouse isn’t being fully honest about their assets then it’s important that you speak to a solicitor and tell them your concerns as soon as possible. If it turns out that your spouse is indeed hiding assets, then the courts will take this very seriously and have powers to punish your spouse in various ways – including by penalising your spouse by giving them a settlement which is less favourable.
There are various provisions that courts can use under the Matrimonial Causes Act 1973 in order to stop your spouse transferring assets or order assets to be transferred back if they have already been transferred. Courts can also use freezing orders and search orders, if necessary.
Yes – you are able to gather evidence, but only within the confines of the law. It is important that you go about collecting the information in the right way and avoid inadvertently committing a criminal offence – which could result in you going to prison. You need to also be aware of any relevant civil laws so you don’t end up being sued for damages, for example.
Before you start gathering evidence of your spouse’s hidden assets it’s a good idea to get legal advice to make sure you don’t fall foul of any criminal or civil laws.
Opening your spouse’s letters could be a criminal offence and is not advisable. This also goes for checking their email – and indeed their computer – without their permission.
No. If your spouse was hiding assets during your divorce and you’ve only just found out then the case can be re-opened and a new financial order made. This applies even if your divorce has already gone through.
The courts place a huge amount of importance on full, open and honest financial disclosure during the divorce process and take anyone trying to hide assets very seriously. If you suspect that your spouse may be trying to hide assets then it is important that you speak to a specialist solicitor as soon as possible so that any necessary action can be taken.
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