What to do if you think assets are being hidden
The short answer
You need a specialist family solicitor. If you genuinely believe your spouse is hiding money, property or other assets, this is not something you can handle yourself or through an online drafting service.
The court has real powers to force disclosure and penalise dishonesty, but you need a solicitor to use them. Acting without one risks settling for less than you are entitled to, permanently.
General guidance, not legal advice. If you suspect hidden assets, you need individual advice from a qualified solicitor, not a guide. This page explains what the court can do and what to expect from the process.
Why hidden assets make everything harder
A fair financial settlement depends on both of you making full and honest disclosure. In England and Wales, the duty of full and frank disclosure is a legal obligation, not optional good manners. Both parties must complete Form E (or Form D81 for consent orders), setting out every asset, debt, income and financial resource.
When one side is hiding assets, the entire basis of the settlement is compromised. A consent order built on incomplete information can be set aside later, but reopening a sealed order is expensive, uncertain and stressful.
- The duty is absolute. Form E requires disclosure of all assets, including those held through companies, trusts or third parties. Omitting something is not a grey area.
- The penalties are real. The court can draw adverse inferences (assume the worst), order costs against the non-discloser, set aside a completed order, or refer the matter for contempt proceedings.
- Criminal liability exists. Deliberately lying on Form E is perjury. In serious cases, the Fraud Act 2006 applies.
The risk of doing nothing: if you sign a consent order without challenging incomplete disclosure, you are agreeing to a split based on numbers you know are wrong. Once the order is sealed, reopening it is difficult and not guaranteed.
What a specialist solicitor actually does
A family solicitor experienced in non-disclosure cases has tools that you do not have access to without legal representation.
- Questionnaire and further disclosure requests. The solicitor drafts targeted questions (a "questionnaire") that the court orders your spouse to answer.
- Third-party disclosure orders. The court can order banks, employers, HMRC and other bodies to release financial records directly.
- Forensic accountants. Where assets are hidden through a business, trust or offshore structure, a forensic accountant traces the money. This is expensive but often decisive.
- Adverse inferences. If your spouse refuses to comply, the court can infer that the hidden assets exist and are substantial, then divide accordingly.
What it will cost
This is the difficult part. Non-disclosure cases cost significantly more than straightforward divorces because they involve contested court applications, expert witnesses and sometimes multiple hearings.
| Stage | Typical cost per person |
|---|---|
| Initial consultation and advice | £200 – £500 |
| Contested financial remedy proceedings | £5,000 – £30,000+ |
| Forensic accountant (if needed) | £3,000 – £20,000+ |
| Court fee for financial remedy application | £321 |
The total depends on how well the assets are hidden and how co-operative your spouse becomes once the court is involved. In many cases, the threat of adverse inferences and costs orders prompts disclosure before a full hearing.
What to ask at the first meeting
- What is your experience with non-disclosure cases? You want someone who has run these before, not a generalist learning on your time.
- What will the first steps cost, and what triggers higher costs? A good solicitor will quote the initial stage and explain what pushes costs up.
- Do I need a forensic accountant, and when will we know? Not every case needs one. The solicitor should explain what the evidence so far suggests.
- What are the realistic outcomes? Not every suspicion turns out to be right. An honest solicitor will tell you if the evidence is thin.
- Can I recover my costs from the other side? In financial remedy proceedings, costs orders are unusual but the court can make them where one party has been dishonest.
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Sources
Everything above leans on these. Primary sources where they exist.
- GOV.UK — Form E: financial statement — the mandatory full disclosure form for financial remedy proceedings. Checked 18 August 2026.
- GOV.UK — Apply for a consent order — the consent order process and the £62 court fee. Checked 18 August 2026.
- Matrimonial Causes Act 1973, section 25 — the factors the court considers when deciding financial orders, including the duty to have regard to all the circumstances. Checked 18 August 2026.