Wakefield Divorce Solicitors Discuss: Has your spouse been completely honest?

We are Wakefield Divorce Solicitors experts, Austin Kemp Solicitors.  In this article we shall discuss how to deal with financial disclosure and complete transparency when going through a divorce. 

As Wakefield divorce solicitors experts we deal with many such cases.  Full financial disclosure between spouses during the divorce process is essential. Without it, you and your solicitors would struggle to decide what a fair split of your finances may look like and negotiations would be almost impossible. 

Usually, if you think that your other half has not been completely honest with you about the state of their finances, this can be dealt with during the divorce process with, for example, more detailed questionnaires or cross-examination. 

Sometimes, however, there are instances, where a settlement is reached, where one party has relied upon information that turns out to be so inaccurate, that further investigation is needed. 

In autumn last year, a case regarding a woman who said that her ex-partner had misrepresented her wealth, was heard by the Court of Appeal.

What is the background of the case? 

In 2009, Helen Roocroft agreed to a settlement of around £200,000, after separating from her partner Carol Ainscow, who she had been with for 18 years. 

Ms Roocroft reportedly said that Ms Ainscrow (who had died 3 years previously) had “misrepresented her wealth.” 

As such, she decided to take legal action against a representative of her former partner’s estate.

What did the court decide? 

Ms Roocroft had previously lost her case in a family court 2 years ago. However, the Court of Appeal judges ruled in her favour and concluded that a high court judge should re-analyse the case.

This means that the original settlement could be set aside. The court would then need to decide what the new settlement should be. New hearings will be held so that the court can determine the extent of the alleged non-disclosure. 

This case comes after a supreme court ruling in favour of 2 women, who had reached agreements with their ex-spouses but then later said that they had been misled as to how much money their ex-husbands really had.

What does this mean for me? 

If you feel that your other half is not being completely honest with you about the extent of their wealth, it is important not to rush into a settlement.

Speak to Wakefield Divorce Solicitors about your concerns – we should be able to advise you further. 

If, after you have reached a settlement, you suspect that your ex-spouse may not have been completely honest with you (either deliberately or inadvertently), it is important to speak to your solicitor as soon as possible. 

Roocroft v. Ball shows that in some circumstances, it may be possible to get your original settlement set aside, even years later.

However, it is worth noting that not all non-disclosures will actually result in a different outcome. 

For more information on this subject please by Wakefield divorce solicitors, visit our Legal Library.

Contact Wakefield Divorce Solicitors to help you with your divorce

We are Austin Kemp Solicitors – a specialist divorce law firm with a focus on complex finance divorce cases. By delivering strategic advice which is high quality, focused and consistently excellent we maintain an outstanding success record.  Our Wakefield divorce solicitors are very highly regarded at securing the right results for our clients.

For more information on the divorce process call our Wakefield divorce solicitors team on 0845 862 5001 or email mail@austinkemp.co.uk.

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