01/10/2026

A recent Financial Remedies Court case (HJ v QY) highlighted what can happen when one party refuses to engage properly with divorce financial remedy proceedings and, in particular, financial disclosure.

What should have been a relatively straightforward financial remedy claim, ended up requiring 15 separate court hearings over more than two years before a final order could be made.

The wife was forced to pursue multiple third-party disclosure applications to banks and other organisations forcing them to provide financial information, believing that the husband’s financial information was incomplete. This resulted in the court finding that he did indeed have access to significant undisclosed income and valuable assets.

The judge in the case concluded that the delays had been caused by the husband’s failure to engage with the process and provide proper financial disclosure. His behaviour was such that the judge prevented the husband giving evidence at the final hearing.

While every divorce is different, the case offers important lessons for anyone involved in financial remedy proceedings.

How Long Should a Financial Remedy Case Take?

In most cases, financial remedy proceedings follow a relatively structured process.

Typically, the court expects cases to progress through:

• A First Directions Appointment (FDA)
• A Financial Dispute Resolution hearing (FDR)
• A Final Hearing, if settlement is not achieved

However, the reality is that delays often occur when one party fails to provide financial information, ignores court orders, fails to attend hearings or attempts to obstruct the process.

Why Financial Disclosure Matters

When divorcing couples are seeking a financial settlement, both parties are under a duty to provide full and frank disclosure of their finances.

This includes information about:

• Income and earnings;
• Savings and investments;
• Property interests;
• Business assets;
• Pensions; and
• Debts and liabilities.

Without accurate disclosure, it is impossible for the court to determine what would constitute a fair settlement.

What Happens If Your Ex-Spouse Refuses to Cooperate With Financial Disclosure?

One of the most common concerns raised by clients is, ‘What if my ex simply refuses to engage?’

Many people assume that a financial settlement cannot proceed unless both parties actively participate. In reality, the court has a range of powers available to keep cases moving forward.

Depending on the circumstances, the court can:

• Make disclosure orders
• Require documents to be produced
• Draw adverse inferences from missing evidence
• Consider contempt proceedings
• Order one party to pay costs
• Proceed with hearings even when a party fails to attend
• Barr a party from giving evidence at the final hearing.

The case of HJ v QY demonstrates that although non-compliance can create delays and additional expense, it does not necessarily prevent the court from reaching a final decision.

The Cost of Delay

When one party refuses to cooperate, the consequences can be significant.

Delays often lead to increased legal costs and additional court hearings. This creates greater stress for both parties, prolonging the financial uncertainty and disruption to children and family life. The court can ensure the person responsible for delays or guilty of failing to provide full disclosure pays some or all of the other party’s costs.

Signs That Assets May Not Be Fully Disclosed

Although every case is different, warning signs can include:

• unexplained reductions in income;
• missing bank statements;
• transfers of money to family members;
• undisclosed business interests;
• significant cash withdrawals; or
• lifestyle expenditure that appears inconsistent with declared income.

Where concerns arise, specialist legal advice should be obtained as early as possible. In some cases, applications can be made for disclosure from banks, employers, accountants and other third parties.

Early Legal Advice Can Prevent Problems

The vast majority of divorcing couples want to achieve a fair settlement and move on with their lives. However, where one party fails to engage or there are concerns regarding financial disclosure, obtaining early legal advice can make a significant difference.

An expert family solicitor can help identify missing information and ensure court deadlines are met. They will also be experienced at seeking appropriate disclosure orders, negotiating settlements and presenting the strongest possible case at court.

Need Advice About a Financial Settlement or Financial Disclosure?

If you are concerned that your former spouse is hiding assets, refusing to provide financial disclosure, or delaying financial remedy proceedings, our specialist family law team can help.

We advise clients on all aspects of financial settlements following divorce, including complex cases involving businesses, property portfolios, pensions and disputed disclosure.

Contact us for tailored legal advice on protecting your financial future. Book a reduced-price initial appointment with an experienced family solicitor today. Call 01782 205000 or email enquiry@beswicks.com.