Full And Frank Disclosure Is The First Commandment

In protection of the first commandment - the Court's duty to draw adverse inferences.

In the most recent judgment in the case of Al-Baker v Al-Baker [2016], deputy High Court Judge, Nicholas Cusworth QC hearing the case, drew adverse inferences in assessing the extent of the matrimonial pot, where the husband had failed to provide full and frank disclosure of his assets in financial remedy proceedings.

The duty to draw adverse inferences in situations of material non-disclosure allows the court to decide that a party's undisclosed assets enable them to pay a higher award to their spouse. The duty is one piece of the Court's armour in protecting the principle of full and frank disclosure, a principle of great importance as highlighted in this memorable quote of Mr Justice Mostyn in NG v SG (Appeal: Non-Disclosure) [2011] EWHC 3270 (Fam),:

'The law of financial remedies following divorce has many commandments but the greatest of these is the absolute bounden duty imposed on the parties to give, not merely to each other, but, first and...