Your browser is out of date or unsupported. As a result, some elements of this website may not be fully functional. For the best possible user experience, it is recommended that you use the latest version of Chrome, Firefox or Microsoft Edge.
TV Edwards Solicitors Logo
Call us on: 020 3440 8000
  • About Us
    • Whitechapel Office
    • Clapham Junction Office
    • What Our Clients Say
    • Cybercrime and Fraud Warning
    • Pricing
    • Make a Secure Payment
  • Services
    • You & Your Family You & Your Family
      • Family and Children Law
      • Wills and Probate
      • Personal Injury
      • Dispute Resolution
      • Mental Health
      • Court of Protection
      • Community Care
      • Criminal Defence
    • You & Your Property You & Your Property
      • Residential Property
      • Property Disputes
      • Housing
    • You & Your Business You & Your Business
      • Commercial Property
      • Commercial Litigation
      • Business Crime and Fraud
      • Alcohol & Entertainment Licensing
    • _
  • Our People
    • Partners and Management Team
    • Family and Children
    • Property
    • Wills and Probate
    • Court of Protection
    • Criminal Defence
    • Dispute Resolution
    • Personal Injury
    • Alcohol and Entertainment Licensing
    • Mental Health
    • Community Care
    • Housing
  • News and Blogs
  • Careers
TV Edwards Solicitors Logo
  • You & Your Family
    • Family and Children Law
    • Wills and Probate
    • Personal Injury
    • Dispute Resolution
    • Mental Health
    • Court of Protection
    • Community Care
    • Criminal Defence
  • You & Your Property
    • Residential Property
    • Property Disputes
    • Housing
  • You & Your Business
    • Commercial Property
    • Commercial Litigation
    • Business Crime and Fraud
    • Alcohol & Entertainment Licensing
  • About Us
    • Whitechapel Office
    • Clapham Junction Office
    • What Our Clients Say
    • Pricing
    • Make a Secure Payment
  • Our People
    • Community Care
    • Court of Protection
    • Criminal Defence
    • Dispute Resolution
    • Family and Children
    • Housing
    • Alcohol and Entertainment Licensing
    • Mental Health
    • Partners and Management Team
    • Personal Injury
    • Wills and Probate
    • Property
    • Support Team
  • News and Blogs
  • Careers
Call us on: 020 3440 8000
×
  • Divorce
    • Divorce process
    • Finances
    • Civil partnerships
    • Child arrangements
  • Children
    • Child arrangements
    • Social services
    • Adoption
    • Special guardianship
    • Relocation
    • Abduction
  • Modern Parenting
    • Surrogacy
    • Fertility
    • Donor conception
    • Co-parenting
    • Adoption
  • Unmarried couples
    • Pre nups, post nups and pre partnership agreements
    • Cohabitation agreements
    • Separation
    • Finances for children
  • Domestic abuse
    • Domestic abuse
    • Forced marriage
    • FGM
×

Start typing to search.

    ×
    TV Edwards Solicitors Logo

    020 3440 8000

    enquiries@tvedwards.com

    Find us at Whitechapel and Clapham Junction

    Contact Us

    Please enter your first name(s).
    Please enter your surname.
    Please enter a valid email address.
    Please enter your contact number.
    Please select an option.
    Please enter a message.

    We’ll only use this information to handle your enquiry and we won’t share it with any third parties. For more details see our Privacy Policy.

    TV EDWARDS SOLICITORS LLP

    Non-disclosure of assets – test for a successful claim

    The need for financial disclosure from both parties is a fundamental one in order for both parties to obtain legal...

    default

    Back to News & Blogs 6th October 2015

    Comment Icon
    TV Edwards Blog
    Blog Family Family Finances

    The need for financial disclosure from both parties is a fundamental one in order for both parties to obtain legal advice and to engage in meaningful and informed negotiations for settlement.

    Difficulties can however arise when one party fails to make full disclosure of assets and or income, to include income generated from assets that have not been disclosed.

    In such cases the court can be invited to draw adverse inferences from the circumstances as presented regarding the non-disclosing party’s conduct  and can make an order based on what the court concludes to be a more likely reality.  Some form of evidence is usually needed. 

    In   D v D [2015] EWHC 1393 (Fam)  a Wife’s unsuccessful claim against Husband for non-disclosure resulted in the court summarising what was needed for a successful claim to be made.

    In this case the parties owned international debt recovery business which earned income from success fees (mandates) for debts collected.  The assets available to the parties did not include £1.5m of outstanding mandates.

    Wife argued that Husband had opportunity to receive payment in excess of the mandates disclosed.  W had no specific evidence but referred to school fees that Husband had twice paid by remitting funds into the jurisdiction with being traceable to him.

    Wife non-disclosure claim failed on the balance of probabilities.  The assets were divided broadly equally.  The mandates were held to have been generated during the marriage and were divided 1:2 in Husband’s favour to reflect his greater endeavours.

    Robert J summarised the evidence required:-

    1. Direct evidence of the asset that it is alleged has not been disclosed;

    2. Failure to comply with court directions and/or to answer questions from which the court can draw adverse inferences

    3. Evidence of a lifestyle that is wholly inconsistent with the disclosed financial resources

    At TV Edwards we have an experienced team of financial experts who will assist and advice you throughout the disclosure process.  From help with completing and gathering information to analysing disclosure received from the other side and advising on potential settlements contact one of the family team on  0203 440 8000  

    Related Services:

    Family Finances

    More Articles

    Article Image

    Important guidance on seeking a stay of an order pending the hearing of a permission to appeal application

    6th February 2023
    Article Image

    Wilkins v Serco

    26th January 2023
    Article Image

    The top five things you need to know about deputyship

    12th January 2023
    Article Image

    Life as a trainee solicitor at TV Edwards LLP

    9th January 2023
    Article Image

    Updates to the police bail regime – how long can I be kept on police bail?

    6th January 2023
    Article Image

    When couples separate, what are the legalities around future use of their frozen embryos?

    14th December 2022
    All Articles 

    Contact Us

    Call: 020 3440 8000|View our Whitechapel Office|View our Clapham Junction Office

    Call: 020 3440 8000
    Whitechapel Office
    Clapham Junction Office

    Cyber Essentials Accreditation Logo
    Lexcel Logo
    The Legal 500 – The Clients Guide to Law Firms
    Chambers 2021 Logo

    © 2023 TV Edwards LLP is authorised and regulated by the Solicitors Regulation Authority (465533) and is a Limited Liability Partnership registered in England and Wales number 0C325696. Details of the SRA Code of Conduct can be found at sra.org.uk. Registered name: TV Edwards LLP. Registered Office: 35-37 Mile End Road, London, E1 4TP.

    TV Edwards Solicitors Logo

    Contact Us

    Call us on: 020 3440 8000

    View our Whitechapel office

    View our Clapham Junction office


    • Quick Links
      • Pricing
      • Pay Online
      • Careers with TV Edwards
    • Insights
      • Blogs
    • Regulatory
      • Legal Disclaimer
      • Terms of Business
      • Accessibility
      • Privacy Policy – Website Users
      • Privacy Policy – General
      • Cookies
      • Complaints Procedure

    Find us on:


    TV Edwards Solicitors Logo
    • Divorce
    • Children
    • Modern Parenting
    • Unmarried couples
    • Domestic abuse
    © 2022 TV Edwards LLP is authorised and regulated by the Solicitors Regulation Authority (465533) and is a Limited Liability Partnership registered in England and Wales number 0C325696. Details of the SRA Code of Conduct can be found at sra.org.uk. Registered name: TV Edwards LLP. Registered Office: 35-37 Mile End Road, London, E1 4TP.
    Use of Cookies

    Our website requires the use of cookies. Enabling all cookies makes sure the website works as smoothly as possible, and also helps us to improve it. Some cookies are activated by default but tracking cookies aren't switched on without your consent.

    For our full policy, visit our cookies page.


    Using this tool will set a cookie on your device to remember your preferences.

    Necessary

    Necessary cookies enable core functionality of the website, including security, SRA Regulationand reCAPTCHA form verifications. It is possible to disable these cookies in your browser settings, but this could affect the functionality of the website.


    Recommended
    Off On

    Recommended cookies improve your experience of our site by helping to display our latest client reviews and embedded maps of our office locations. You can find full details on Google's privacy policy here.


    Analytics
    Off On

    We'd like to use analytics services provided by Google Analytics, Microsoft Clarity and Ruler Analytics to collect anonymous information from our visitors. The data we collect will help us to improve our website and services. Learn more about how we use these services and our commitment to safeguarding data in our Cookie Policy.

    Settings Save & Close