Effects of non-disclosure in financial proceedings
Effects of non-disclosure in financial proceedings

The following Family guidance note provides comprehensive and up to date legal information covering:

  • Effects of non-disclosure in financial proceedings
  • Requirements
  • Adverse inferences
  • Setting aside an order

This Practice Note details requirements in relation to disclosure within financial proceedings, the duty of disclosure to the court as it relates to both the parties and their lawyers and the consequences of non-disclosure, including the drawing of adverse inferences, costs and appeals. It also sets out the circumstances in which non-disclosure may lead to an order being set aside and when non-disclosure may not be considered material.

Requirements

The obligation on a party to provide full, frank, and clear, disclosure of all material facts, documents and information relevant to the case, and the consequences of non-disclosure, should be stressed to a client at the outset of the case. This obligation is set out in the pre-application protocol annexed to the Family Procedure Rules 2010 (FPR 2010), at FPR 2010, PD 9A. The requirement for full and frank disclosure is also enshrined in the Law Society's Family Law Protocol.

See also Practice Notes: The duty of disclosure in financial proceedings and The procedural aspects of disclosure in financial proceedings.

There is a duty on both parties to assist the court to further the overriding objective. Each party owes a duty to the court to make full and frank disclosure of their resources, without which the court would be disabled from discharging its duty under section 25(2) of the Matrimonial Causes Act 1973