Financial Disclosure in a Divorce – Divorce Solicitors.
Whenever anyone goes through a divorce, they will have financial matters that should be addressed. Not least because the financial claims available to a husband and wife do not end on divorce. As a result, one of the first things I discuss with clients who are looking to divorce is the need for financial disclosure. So, what is financial disclosure in a divorce? Why is it important?
What is Financial Disclosure in a divorce?
In short, financial disclosure in a divorce is when spouses exchange information about their financial circumstances.
How is Financial Disclosure exchanged?
Spouses can exchange Financial Disclosure in several ways. This includes:
- Directly.
- In mediation.
- Through solicitors.
- During the arbitration process and/or Court proceedings.
Are there specific forms for Financial Disclosure?
Yes. There are forms for varying levels of disclosure.
Full disclosure.
Firstly, Form E is the form used for full disclosure. In Court proceedings, each party must complete Form E. This is a 28-page document. The form requires the parties to include full details of their financial circumstances. The parties must also provide full supporting documents.
Once the parties exchange Forms E, they can raise questions and request further documents from the other if needed.
Limited disclosure.
Alternatively, the parties can agree to exchange disclosure somewhere between the full disclosure and minimum disclosure (below).
Minimum disclosure.
Thirdly, as a minimum, a Statement of Information for a Consent Order form (Form D81) is needed. By contrast, this form gives an overview of each spouse’s financial circumstances. The parties must complete Form D81 when they send a Consent Order to Court. There are very few circumstances where only this form is appropriate.
Appropriate disclosure level.
The appropriate level of financial disclosure will depend on your financial circumstances- assets and liabilities held, amount/pool of them and what is available to your circumstances as well as each spouses understanding and knowledge of the other’s finances and what is available to them.
If you are considering formalising a financial agreement in a Consent Order having only exchanged overview information; and where you do not have full information about your spouses circumstances, for example- not having been involved in the finances during the marriage and/or you do not have knowledge and training in financial matters I recommend you take advice from a legal and financial specialist.
On the whole, it is always advisable that full disclosure be exchanged before a final financial Order is made where possible. This provides you with the most reassurance you have all the information needed to consider your options and to receive the best advice to fully consider your legal position.
When is full disclosure needed?
Technically, full disclosure is only required once a spouse makes an application to Court. Outside of Court proceedings, any exchange of information is voluntary and spouses can agree to a lesser level of disclosure. This is provided that the spouses complete Form D81 when they send a Consent Order to Court.
However, it is always advisable to exchange full disclosure. In any scenario, the parties need to be confident they have a good grasp of the others’ financial information.
Why is full disclosure important?
The law for finances on divorce is discretionary. Above all, the Court aims to achieve fairness. Consequently, the Court considers all the circumstances. Then the Court decides each case on its own facts. Therefore, the Court (and parties) need disclosure to consider what a fair and reasonable division is. Any missing information can affect the outcome. Also, disclosure can help consider any hidden or forgotten assets.
As a result, the disclosure process ensures the parties have a clear and full picture of the other spouses finances.
Full disclosure is needed to receive the best advice from their solicitor and to ensure they fully understand their legal position.
Common practice.
It is therefore common practice for the parties to exchange disclosure on Forms E. This is whether the parties are in mediation or being assisted by a solicitor.
Most importantly, whichever level of disclosure is undertaken, both parties should be happy they have sufficient information about the other’s finances. Only then can the parties start to negotiate their financial settlement.
Can a spouse refuse to provide Financial Disclosure?
Yes. Whether this is reasonable will depend on the circumstances of the spouses. Whether this prevents a financial settlement (interim or final) will also depend on the circumstances of the spouses. There are legal defences to providing certain information and there are legal avenues for obtaining certain information if not freely given whether in the voluntary process or within the Court process. It is always important you understand what is relevant to your and your spouses circumstances to protect your interests and avoid negative legal consequences if you are requesting and/or refusing financial disclosure. However, in every scenario it is important to engage in the process of financial disclosure to address the need for a final financial Order when a divorce is contemplated and commenced and when financial information is requested. It is in both parties’ interests to exchange relevant and appropriate financial disclosure, ideally with the support of a trusted legal advisor. This helps you: ensure you have control of your financial information and arrangements; ensure your financial arrangements remain legally compliant; and allows you to address any areas you are unsure about.
Refusal to provide appropriate disclosure may be one reason to consider the necessity to apply to the Court for Financial Remedy proceedings. Taking the step to start any type of Court proceedings is a last resort. In most cases this is not necessary. A Specialist Divorce & Financial Settlement Solicitor can advise you of your options and guide you to obtain a suitable settlement protecting your interests. In my experience, often parties can agree appropriate disclosure, or obtain the necessary information, for their circumstances to then agree an appropriate financial settlement beneficial to both spouses without the need for Court proceedings.
What happens if a spouse fails to provide appropriate Financial Disclosure?
This depends on the circumstances of the parties. It does not necessarily prevent agreements being reached. If an application to Court is made, if necessary, the Court can obtain information from third parties. The Court can also impose sanctions by factoring in the uncooperative spouses’ conduct into the asset division and by making an order for costs.
*Information contained on this page is regularly reviewed for accuracy. Updated 10 February 2022 to reflect the changes in respect of the new Form D81. Updated 29 November 2025 to reflect increased awareness and acceptance of the benefit of out of Court solutions in most circumstances when specialist tailored advice is obtained.
Get in touch to find out how we can help you with the disclosure process.
Please contact Gemma Keats on 07874349555 or by email to see how she can best support you.
*This article has been produced for general information only. It does not constitute legal or professional advice. Please note that the law may have changed since this article was published.