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What does full and frank disclosure mean?

Solicitor and Managing Director

If you have separated or have started a divorce, you may have heard the term “full and frank disclosure” from your Solicitor.  But what does this mean?

Usually this arises in the context of providing financial information to your ex-partner.  Your Solicitor may have suggested that it is sensible for certain information to be provided on the basis that your ex-partner provides similar “full and frank” disclosure.

You may feel reluctant to provide information and documentation to your ex, but here are some reasons why this may be a good route to take:-

  1. It will assist your Solicitor in advising you as to what is a fair financial settlement if all of the information (from both parties) is disclosed.
  2. You will be able to see whether your ex-partner has any assets which you did not know about and will enable you to consider whether you wish to claim against them.
  3. You will be able to ensure that your ex-partner also knows about all of your assets which means, once an agreement is reached and an Order is approved by the Court (if there is a divorce), then this limits the risk of the Order being overturned in the future.

Being open and honest and providing this disclosure is also likely to speed up the whole process and avoid the need to go through potentially lengthy and expensive Court proceedings.

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