The following Family Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
It is a relatively common occurrence that, where the court is asked to divide matrimonial assets within financial remedy proceedings upon divorce, some of those assets relate to third parties. This is particularly the case where companies are involved. Where the parties, or one of them, is the sole controller of that company, the court will often require disclosure of management accounts as well as the publicly-available balance sheet and profit and loss accounts. However, where that party is a director and shareholder of a company alongside other unrelated parties, and particularly where the party does not have control of the company, difficulties in respect of disclosure can arise.
In financial remedy proceedings there is a general duty of disclosure. These are provided for by exchange of financial statements in Form E and a request for further information by way of questionna
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