Q&As

Where a party in financial proceedings has completed a statement of information for a consent order in Form D81, and then discovers that they are to receive an inheritance, are they under a duty to update the Form D81? What are the implications if they are unsure of the amount they will inherit?

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Produced in partnership with Nicholas Starks of St Ives Chambers
Published on LexisPSL on 05/12/2018

The following Family Q&A produced in partnership with Nicholas Starks of St Ives Chambers provides comprehensive and up to date legal information covering:

  • Where a party in financial proceedings has completed a statement of information for a consent order in Form D81, and then discovers that they are to receive an inheritance, are they under a duty to update the Form D81? What are the implications if they are unsure of the amount they will inherit?

The ‘duty of ongoing disclosure’ continues until the court has made its order and is fundamental to the process of financial remedy proceedings. In NG v SG (Appeal: Non-Disclosure), Mostyn J put it this way (at para [1]):

‘The law of financial remedies following divorce has many commandments but the greatest of these is the absolute bounden duty imposed on the parties to give, not merely to each other, but, first and foremost to the court, full frank and clear disclosure of their present and likely future financial resources. Non-disclosure is a bane which strikes at the very integrity of the adjudicative process. Without full disclosure the court cannot render a true certain and just verdict. Indeed, Lord Brandon has stated that without it the Court cannot lawfully exercise it

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