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Deception in divorce: non-disclosure of assets

Divorcing spouses in England and Wales have a legal duty to the court and to each other to provide full and frank disclosure of all capital assets, liabilities and income, not just in the UK but also on a worldwide basis. The duty is ongoing until the divorce is concluded, either by court order or by an agreement between the parties embodied in a consent order which is approved by the court.

The underlying principle is that couples are not allowed to hide any assets from each other during their divorce. Such transparency is essential to ensure that both parties are fully informed of what constitutes the family pot. Only then can the pot be fairly divided to meet the needs of each spouse and any children.

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