Can I obtain my partner’s financial papers myself?

The end of a marriage is an emotional and difficult time for most. Often it takes time to come to terms with the reality of the change before tackling the practical and the financial aspects of divorce and separation.  If you seek advcice from a specialist family solicitor one of the first jobs is to deal with financial disclosure. 

In such situations most people will need to disclose their financial position to the other party. Financial disclosure can take place on a voluntary basis, during meditation or in court proceedings. The sooner disclosure is provided the better as it often helps ensure a quicker resolution to financial matters as parties then know the amount of money or the value of assets available. This can lead to a less stressful process and sometimes avoid costly court proceedings.

A couple going through financial remedy proceedings in court have a duty to make full and frank disclosure to the court.  This means spouses need to provide all the necessary financial information on the financial statement, known as a Form E, and the associated evidence in support.

What if I suspect my spouse is not being honest in financial disclosure?

Spouses may seek to provide their own solicitor with evidence of what they believe are errors within the other spouse’s disclosure. For example, spouses may do this by obtaining documents from a spouse’s filing cabinet or computer showing a further bank account or pension fund. This is often referred to as ‘self help’ to financial documents.

What is the legal position?

The current legal position of the court is that ‘self-help’ to financial documents is not allowed. Whilst this may be frustrating to spouses and is regarded as a ‘cheats charter’ by many, the court must balance the need for full and frank disclosure with the need to respect a spouse’s right to privacy. If a document is obtained inappropriately from an ex-spouse without their consent or knowledge it must be returned to them as soon as possible. This applies to originals and copies of such documents.

If a solicitor is provided with a document by their client which was obtained incorrectly, they must inform their client of the requirement to return it to the other party regardless of whether court proceedings have been issued. Solicitors are also under an ethical duty to return such documents to the owner without retaining a copy.

The return of any documents should trigger the ex-spouse to disclose the documents and usually does. If the returned documents remain undisclosed in any proceedings, there are ways of obtaining the documents such as:

• Through questionnaires to the ex-spouse.
• Through a court order for disclosure.

Therefore, ‘self-help’ is not advisable and should not be used by spouses trying to resolve their finances.

How can we help?

At Maguire Family Law we are very experienced with complex financial matters and helping our clients obtain a fair settlement protecting their finances. We can assist in navigating situations where you have concerns about the financial disclosure of a spouse.