Setting Aside a Financial Order for Non-Disclosure

Hidden Assets? How to Overturn an Unfair Financial Order

Discovering your ex concealed assets after a financial settlement can feel like daylight robbery. In England and Wales, the law recognises that justice demands honesty—if you can prove your ex failed to disclose material assets, you may be able to set aside the original financial remedy order. However, the process is demanding and time-sensitive. Here’s how to navigate the legal landscape, avoid common pitfalls, and give yourself the best chance of success.

Grounds for Setting Aside a Financial Remedy Order

The court will only consider reopening a financial order in specific circumstances. The most common grounds include:

• Material Non-Disclosure: This covers hidden assets such as undisclosed shares, cryptocurrency, offshore accounts, or business interests. The non-disclosure must be significant enough that it would have affected the original outcome.

• Lack of Due Diligence by the Court: If the court failed to properly scrutinise the evidence or missed clear signs of dishonesty, this can be a basis for setting aside the order.

• Fraudulent Misrepresentation: If your ex actively lied or provided false documents, this is a clear ground for reopening the case.

It’s not enough to show minor mistakes or oversights. The non-disclosure must be material—meaning it would have made a real difference to the financial settlement.

Sharland v Sharland [2015] UKSC 60: The Honesty Benchmark

The Supreme Court in Sharland v Sharland [2015] UKSC 60 made it clear: full and frank disclosure is the foundation of all financial remedy proceedings. If a party is dishonest, the court will usually set aside the order unless it is clear the outcome would have been the same even with full disclosure. This case has made it easier for applicants to challenge settlements tainted by dishonesty.

Procedure: How to Set Aside a Financial Order

1. File Form D11: This is the formal application to set aside or vary an order. Attach a detailed supporting statement explaining what was concealed, how you discovered it, and why it matters.

2. Submit Evidence: The court expects robust evidence. This can include bank statements, brokerage reports, emails, or expert valuations. The more concrete your evidence, the stronger your case.

3. Request Directions: Ask the court for directions on disclosure and valuation. This may include orders for your ex to produce documents or for experts to value assets.

4. Prepare for a Fleming Hearing: The court will hold a preliminary hearing (sometimes called a Fleming hearing) to decide whether your case should be reopened. You’ll need to show there is a real prospect of success, not just suspicion or speculation.

Time Limits: Act Fast

Speed is critical. Courts expect you to act promptly—ideally within 12 months of discovering the non-disclosure. Delays can be fatal to your application, as the court may decide it is unfair to disturb settled arrangements after too much time has passed. If you have a good reason for delay (such as ongoing investigations or illness), explain this clearly in your statement.

Evidence Essentials: What the Court Wants to See

• Bank Statements and Brokerage Reports: These can reveal hidden accounts, investments, or transfers.

• Emails and Correspondence: Messages showing asset ownership, transfers, or admissions of concealment are powerful evidence.

• Expert Valuations: If the asset is complex (such as a business or crypto wallet), an expert valuation can help the court understand its true value.

• Chronology of Discovery: Set out when and how you found the new information. The court will want to see you acted quickly.

Common Pitfalls and How to Avoid Them

• Speculation Without Evidence: The court will not reopen a case based on suspicion alone. Gather as much documentary proof as possible before applying.

• Delay: Waiting too long after discovery can undermine your case. If you need time to gather evidence, keep a record of your efforts.

• Incomplete Applications: Make sure your D11 is thorough and your statement is detailed. Missing information can lead to delays or rejection.

• Overlooking the Fleming Hearing: This is your chance to persuade the court to reopen the case. Prepare carefully and focus on the materiality of the non-disclosure.

Practical Tips for Self-Represented Applicants

• Organise your evidence in a clear, logical order.

• Number your exhibits and refer to them in your statement.

• Be concise but thorough—explain why the concealed asset matters.

• Anticipate possible defences (such as claims the asset was worthless or irrelevant) and address them head-on.

Feel less anxious and more confident:
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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.