If you’re going through divorce proceedings in England and Wales, understanding your duty of disclosure is crucial. The recent case of Ozturk v. Ozturk [2025] EWFC 333 (B) serves as a stark warning about the serious consequences of failing to provide full and frank financial disclosure during financial remedy proceedings.
In this case, Mrs. Ozturk had issued an application for financial remedy part of the process of which required the parties to file detailed financial statements in a proforma called Form E. Mr. Ozturk failed to comply with that court direction and Mrs. Ozturk applied to court to enforce the same and to put her in a position where she had full and frank disclosure from Mr. Ozturk.
This case demonstrates that family courts will take decisive action against those who deliberately obstruct the divorce process by hiding or failing to disclose their financial circumstances.
What is the Duty of Disclosure in Divorce?
When couples separate and seek a financial settlement in divorce, both parties have a legal obligation to provide complete and honest information about their finances. This is known as the duty of full and frank disclosure.
The purpose of financial disclosure is to ensure that both parties and the court have a clear picture of the matrimonial assets, enabling a fair and informed financial settlement. Without this transparency, it’s impossible to achieve a just outcome.
All parties going through divorce financial remedy proceedings must complete Form E – a comprehensive financial statement detailing:
- All income sources
- Property and assets
- Bank accounts and savings
- Investments and pensions
- Business interests
- Debts and liabilities
- Monthly living expenses
Failure to provide this information, or deliberately concealing assets, is taken extremely seriously by the family courts.
The Ozturk v Ozturk Case: What Happened?
Due to Mr. Ozturk’s failure to provide his Form E earlier in 2025 the court handed down a prison sentence for 28 days but with that prison sentence being suspended on the basis that Mr. Ozturk would comply with the order and file his Form E with supporting financial documentation within 28 days of service of that order.
After the order was personally served on Mr. Ozturk he took no action.
This left Mrs. Ozturk in the position where she had to apply once again essentially inviting the court to activate the suspended prison sentence.
Can You Go to Prison for Not Disclosing Assets in Divorce?
Yes, although it has to be said that imposing a custodial sentence in the Family Court is a relatively rare event. This case serves as a warning that the Family Court can only be pushed so far before it invokes its powers.
Courts have various enforcement powers when dealing with non-compliance in financial remedy proceedings, including:
- Fines for contempt of court
- Cost orders against the non-complying party
- Adverse inferences – the court may assume hidden assets are more valuable than disclosed
- Committal to prison for persistent and wilful non-compliance
The Ozturk case demonstrates that judges will use their most serious powers when parties deliberately obstruct the divorce process and show contempt for court orders.
Mr. Ozturk was cross examined in relation to these issues and was unable to explain why he had not engaged with the court process, and the Judge found his evidence extremely unsatisfactory.
Perhaps one of the most telling points from his evidence was that the Judge found that it came across that Mr. Ozturk considered that any matrimonial assets, whatever they may be to be “his money” and not matrimonial assets.
The Judge heard further evidence and gave considerations as to whether or not there should be one final opportunity for him to comply with the requirement to provide full and frank financial disclosure with regards to his financial affairs without experiencing prison but determined that he had no confidence that any extension of the suspended sentence would be likely to assist and that the only way to demonstrate that court orders must be complied with would be a period of custody.
Mr. Ozturk was therefore ordered to serve 28 days imprisonment activated with immediate effect.
Why Full and Frank Disclosure Matters in Financial Settlements
Financial disclosure is the foundation of every fair divorce settlement. Without it:
- Negotiations are impossible – you cannot reach a fair agreement without knowing what assets exist
- Court orders may be set aside – if assets are discovered later, settlements can be reopened
- Criminal prosecution is possible – making false statements in Form E can constitute fraud
- Your credibility is destroyed – courts will view you unfavourably in all subsequent proceedings
- Legal costs escalate – enforcement proceedings add thousands in legal fees
It is not unusual in financial remedy proceedings that one party takes the view that the wealth generated is theirs alone and that the other party does not have any right to share in it. That view is thoroughly and frequently dispelled by the Family Court but is very much a secondary point. The primary point is that court orders cannot be wilfully disobeyed failing which a court may seek to invoke their most draconian powers in its arsenal of depriving an individual of their liberty.
What Should You Do If Your Ex Won’t Disclose Their Finances?
If you’re going through divorce proceedings, and your spouse is refusing to provide proper financial disclosure or you suspect they’re hiding assets, you have several options:
1. Request Voluntary Disclosure
Your divorce solicitor can write to your ex-spouse (or their solicitor) formally requesting the required financial information and explaining the consequences of non-compliance.
2. Apply for a Court Order
If voluntary disclosure fails, you can apply to the court for an order compelling your ex to provide their Form E and supporting documentation within a specified timeframe.
3. Enforcement Proceedings
If your ex-spouse still refuses to comply after a court order, you can apply for enforcement, which may include:
- Contempt of court proceedings
- Suspended prison sentences (as in Ozturk)
- Immediate custodial sentences for persistent non-compliance
4. Seek Third-Party Disclosure
In some cases, your solicitor can apply for disclosure directly from third parties such as banks, employers, or HMRC to uncover hidden assets.
5. Instruct Forensic Accountants
For complex financial situations or where you strongly suspect hidden assets, forensic accountants can trace money flows and identify undisclosed wealth.
Contact Us
Richard Busby is a Partner in our Family Law team.
If you’re concerned about financial disclosure requirements, suspect your ex-spouse is hiding assets, need help completing your Form E, or require enforcement of court orders, our specialist Family Law team can help.
Our experienced divorce solicitors understand the complexities of financial remedy proceedings and will ensure your interests are protected throughout the process.
Please contact us on 08455 435 700 or via our online enquiry form.