19 June, 2023
I am often asked by clients why they should have to disclose all their bank statements, salary slips, P60's, year-end accounts, pension statements and everything relating to their assets as they go through the process of disentangling themselves from their wife or husband. Many feel aggrieved that they must do this, often after a lengthy period of separation.
The court expects parties within financial remedy proceedings to be open and honest, and to disclose an accurate picture of their financial wealth. To attempt to mislead the court, and the other party about any of their assets, can be foolish and will inevitably lead to more litigation, and more legal fees. If a court finds that one party has mislead the court or has failed to co-operate with the court process it can also lead to that person having to pay costs of both parties.
The recent case of Rose v Rose (2022)EWFC 192 heard before His Honour Judge Booth, judgment handed down in November 2022 the husband was heavily criticised for his conduct throughout the proceedings. The court found the husband had deliberately hidden assets, failed to follow court orders, failed to provide full and frank disclosure of his assets and his conduct had been to attempt to put assets out of the reach of his wife and the court. It's fair to say the Mr Rose 'lost' the case, and that the court ensured that his actions did not mean that Mrs Rose got less than her entitlement.
It is essential that to avoid having orders for costs made against you within proceedings, you must co-operate with the court's process. As legal advisors we are able to guide you through the process and ensure that at every stage of the proceedings you know what is required, and we guard against you falling foul of any cost's penalties.
For more information contact Nicola Rushton in our Family/Divorce department via email or phone on 01254 580 000. Alternatively send any question through to Forbes Solicitors via our online Contact Form.
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