When Are the Courts Likely to Grant a Disclosure Order in Financial Proceedings in Divorce?

Divorce can be a complicated and emotionally fraught process, especially when it comes to financial settlements. In England and Wales, the court system is designed to ensure fairness and transparency in financial proceedings connected to divorce. One of the critical tools used to achieve this is the disclosure order. Understanding when and why courts are likely to grant these orders is essential for individuals undergoing the divorce process. This blog will explore the circumstances under which disclosure orders are granted, the implications of such orders, and what participants in divorce proceedings should know.

Understanding Disclosure Orders

A disclosure order is a legal command issued by the court that requires one or both parties in a divorce to provide detailed financial information. This information can pertain to income, assets, liabilities, and other relevant financial data that may influence the division of property and responsibilities post-divorce. The primary aim of a disclosure order is to ensure that both parties are fully informed about the financial situation before making significant decisions regarding settlements.

Conditions Under Which Courts Grant Disclosure Orders

Numerous factors can influence a court’s decision to grant a disclosure order during financial proceedings in a divorce. Below are some common scenarios in which such orders are likely to be awarded.

1. Suspicion of Hidden Assets

If one party suspects that the other has undisclosed financial resources, the court is more likely to grant a disclosure order. Concealing assets can undermine the fairness of the divorce process, and courts take such allegations seriously. If the applicant can present plausible evidence or reasonable grounds to suggest hidden assets, the court may find it necessary to issue an order for disclosure.

2. Incomplete Financial Information

In cases where one party has provided incomplete or vague financial information, the court may deem it necessary to issue a disclosure order. Incomplete documents can lead to assumptions that vital financial data has been deliberately omitted. Courts seek comprehensive understanding to make fair decisions regarding financial settlements, and a disclosure order can ensure both parties present their complete financial picture.

3. Imbalance of Power

Divorce proceedings can sometimes involve a significant imbalance of power between the two parties, particularly if one spouse has been the primary breadwinner. If the financially weaker party lacks access to crucial financial records or information, they can request a disclosure order to level the playing field. Courts are sympathetic to scenarios where one party may have had limited access to finances during the marriage.

4. Complex Financial Situations

In cases where finances are particularly complex, such as those involving businesses, investments, or overseas assets, courts are more likely to grant a disclosure order. Complex financial portfolios require detailed examination, and ensuring both parties have access to accurate and complete information is crucial for fair settlements.

5. Compliance with Pre-existing Court Orders

If the court has previously issued a financial order requiring one party to disclose information, but compliance has not been forthcoming, the court may respond by issuing a further disclosure order. Courts favour transparency and may take action when they perceive that one party is not meeting their legal obligations.

The Application Process for a Disclosure Order

The process of obtaining a disclosure order involves several steps:

1. Filing an Application: The party seeking the disclosure order must file a formal application with the court. This application should outline the specific financial information being requested and provide reasons for the request.

2. Court Hearing: A court hearing will usually follow the filing of the application. Both parties may present their cases, and the judge will assess the arguments made. Evidence should be provided to support claims of hidden assets, incomplete information, or any other factors warranting the disclosure order.

3. Court Decision: After considering the evidence and arguments, the court will decide whether to grant the disclosure order. If granted, the order will specify the financial documents required and the time frame within which they must be submitted.

4. Compliance and Enforcement: Both parties are expected to comply with the terms of the disclosure order. Should a party fail to adhere to the order, the court may impose sanctions, which could include penalties or affecting the outcome of financial settlements unfavourably for the non-compliant party.

Consequences of Misleading Information

It is essential to understand the implications of providing misleading or incomplete information in financial disclosures. If either party is found to be hiding assets or providing false information, serious consequences may follow. Courts may issue harsh penalties, including reduced entitlements in settlements or adverse inferences during negotiations. Failure to comply with disclosure orders can also result in contempt of court charges, leading to further legal complications.

Conclusion

The courts’ willingness to grant a disclosure order in financial proceedings associated with divorce is aimed at ensuring fairness, transparency, and equal opportunity for both parties involved. Understanding the conditions under which these orders are likely to be issued can empower individuals going through a divorce to be proactive in safeguarding their interests.

If you suspect hidden assets, face issues of incomplete information, or encounter other complexities when navigating financial settlements, it is advisable to advice from us. Understanding your rights and the legal mechanisms available, including disclosure orders, can significantly influence the outcome of divorce proceedings. Ultimately, knowledge and preparation are key elements in pursuing a fair resolution in financial matters related to divorce in England and Wales.

At Alexander JLO we have many years of experience of dealing with all aspects of family law and will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button and see what we can do for you?

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on 18th November 2025 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading divorce lawyers. His profile on the independent Review Solicitor website can be found Here