Investigating Hidden Assets

How does disclosure take place?

Disclosure is the process of both parties presenting personal information or documentation in respect to their financial position. When an application for a financial order has been issued, disclosure is provided by both parties. This is done by completing a document called a 'Form E'.

My spouse and I can't agree the value of our properties?

Assets such as houses, pension funds and businesses may have to be valued by third party experts such as valuers. In these circumstances the court will determine whether such valuations should be obtained from jointly instructed valuers or whether the parties may instruct their own separate valuers.

What if I think my spouse or partner is hiding assets or income?

If you believe your spouse or partner is hiding assets or income, and you can demonstrate that this may be the case, the courts have wide powers to assist you in further investigating the other person's finances in order to ascertain their worth.

In more extreme cases, the court can make “search and seize” orders or can order those assets to be preserved until the outcome of your financial application.

Can I investigate my spouses finances myself?

We understand that it can be very tempting to carry out your own investigations against your spouse. You may believe you are doing the correct thing but can end up being found to have done something illegal which could result in your facing not only civil charges but criminal ones too.

Examples include, taking sensitive documents without your spouse's permission. This could be items such as their post, emails or any other computer documents. You could also be liable for civil and criminal damage if you enter their property without permission, even if you have a key.

If you employ a private investigator they will be bound by the same rules and any information obtained in breach of those rules may be excluded by the court and orders for costs made against you.

What will the court do if they find out I lied about my finances?

If you have deliberately lied about your finances, the court may penalise you by either ordering you to pay the other party's costs or by allocating a less favourable settlement.

The court is also entitled to draw “adverse inferences” from your family's lifestyle if it can be demonstrated by you to be inconsistent with the level of financial resources disclosed.

Why choose Westridge Legal?

Our lawyers strive always to settle cases economically and swiftly, but we also pride ourselves on being able to handle the most difficult of non-disclosure cases. We have acted in some of the leading non-disclosure cases including those involving off-shore trusts and other such entities.

If you are not able to reach a financial agreement with your former partner because you believe that your ex-partner is hiding assets then the experienced family law team at Westridge Legal can investigate, provide pragmatic advice and, if necessary, represent you in financial court proceedings.

If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.