Can I Refuse Financial Disclosure in Mediation? What You Need to Know
If you’re going through separation or divorce in England or Wales, and attending family mediation, you may be wondering whether you’re legally obligated to disclose your financial situation. Understandably, some people feel hesitant or even resistant to sharing personal financial details - especially if trust has broken down.
But can you refuse financial disclosure in mediation?
This article explains:
What financial disclosure is
Whether it’s mandatory
The risks of withholding information
And what happens if your case goes to court
What Is Financial Disclosure in Mediation?
Financial disclosure is the process where both parties share a full and honest summary of their financial position. This process applies to both marriages and civil partnerships, ensuring that legal and financial considerations are addressed for all types of relationships. This includes:
Income (e.g. salary, benefits, pensions, wage slips)
Assets (e.g. property, savings, investments, family home)
Debts and liabilities
Monthly expenses
Pension valuations
Business accounts
Pension assets are often valued using a cash equivalent or cash equivalent value (CETV), which provides a standardised measure of a pension’s current worth for legal and mediation purposes.
In mediation, this is often done using a Form E, a financial statement used in family proceedings. There is also a document called the Open Financial Statement, which may be used in mediation and court to formally present financial information. Some mediation services use a simplified version called a financial summary form.
During the process, each party's financial disclosure is exchanged and reviewed to ensure transparency. It is important for both parties to review the other party's financial disclosure to fully understand each other's finances and reach a fair agreement. Full and frank financial disclosure is essential for a fair settlement, as it ensures that all relevant financial information is honestly and completely shared.
Documents Required for Financial Disclosure
When you’re preparing for family mediation during a divorce or separation, providing full financial disclosure is essential for reaching a fair financial settlement. To ensure transparency and build trust in the mediation process, both parties are expected to share a clear and accurate picture of their finances. This typically involves gathering and presenting a range of documents, including:
Bank statements for all accounts covering the last 12 months
Recent mortgage statements for any properties owned
Wage slips and P60s to show income
Pension valuations, including the Cash Equivalent (CE) value from your pension company
Business accounts if you are self-employed or a sole trader
Property valuations from estate agents or chartered surveyors
Form E for a detailed financial statement used in family court proceedings
Other financial documents such as investment statements, tax returns, and life insurance policies
Providing these documents ensures that both you and the other party have a complete understanding of each other’s financial situation. This openness is crucial for resolving financial issues and agreeing on child arrangements in a way that is fair to all family members.
Failing to provide financial disclosure, or submitting incomplete or inaccurate information, can lead to delays, increased legal costs, and even court proceedings. In some cases, if a party refuses to disclose their financial assets, the other party may need to seek legal advice and apply to the family court for a court order. Sometimes, a forensic accountant may be brought in to trace hidden assets, which can be both costly and time-consuming.
To avoid these complications, it’s wise to seek independent legal advice early on and engage with an accredited mediator. The Family Mediation Council offers a helpful search tool to find a local mediator or online mediation services, and the Family Mediation Voucher Scheme may help cover the cost of mediation sessions for eligible families, making the process more accessible.
When attending your mediation session, being well-prepared with all necessary documents will help the mediator guide the discussion efficiently. The aim is to reach a mutually acceptable agreement, which can then be made legally binding through a consent order approved by the family court.
If there are concerns about domestic abuse or safety, shuttle mediation allows parties to remain in separate rooms, communicating through the mediator. For families with children, child inclusive mediation gives children a voice in the process, ensuring their wishes and feelings are considered in a safe environment.
Ultimately, providing full financial disclosure is not just a requirement for the mediation process - it’s the foundation for a fair and lasting agreement. If you’re unsure about what to provide or how to proceed, consult a qualified family law solicitor for expert advice and support throughout your divorce proceedings.
Is Financial Disclosure Mandatory in Mediation?
No - financial disclosure is not legally mandatory in mediation, because mediation itself is a voluntary process. However, there are important consequences if you refuse to participate in full disclosure.
Here’s what happens if you don’t disclose:
Mediation may fail, as the other party is unlikely to reach an agreement without transparency.
The mediator cannot help you fairly divide assets or agree on financial support.
If the case goes to court, court proceedings will require you to provide full financial disclosure by law, typically through a full Form E with supporting documents. Courts require that proper financial disclosure forms are completed and will recognise mediator disclosures as part of the legal process.
Non disclosure or failure to provide financial disclosure during court proceedings can have serious consequences, including the court viewing your refusal unfavourably, potential challenges to any settlement, and even charges of contempt or fraud, especially if it leads to delays or increased costs.
In such cases, courts may make judgments based on the available information and can impose penalties or adverse inferences against the party refusing disclosure.
It is strongly recommended to seek legal advice early to avoid issues with non disclosure and to fully understand your obligations regarding financial disclosure. Being legally represented can help ensure that financial disclosure forms, such as Form E, are properly completed and thoroughly scrutinised.
Key Point: While disclosure isn’t legally required in mediation, it is essential for reaching a fair, lasting financial agreement.
Why Some People Want to Refuse Disclosure
It’s not uncommon for people to hesitate, especially if:
They don’t trust their ex-partner with financial information
They believe certain assets “shouldn’t count” (e.g. inherited money, a family-owned business)
They feel the other party is hiding assets or lying
They are simply overwhelmed or confused by the process
Concerns about sharing information with the other parent are also common, particularly in child arrangement cases.
These concerns are valid - but withholding information can backfire. Mediation is a safe, confidential space designed to address these fears constructively. Dispute resolution methods like mediation are specifically intended to help both parties, including the other parent, resolve disagreements in a less stressful and more efficient way than going to court.
If a party refuses to provide disclosure, it can halt the mediation process and may lead to further legal steps.
What Happens If You Refuse Disclosure in Mediation?
If you refuse to share financial information:
The mediator may pause or terminate the mediation process, as they cannot facilitate a fair agreement. The mediation meeting is typically where financial disclosures are exchanged and reviewed, so withholding information at this stage undermines the process. Without disclosure, an agreement reached in mediation is unlikely and may not be possible.
You may be referred back to court, where the court may issue a court order to compel disclosure from the non disclosing party.
If the non-disclosing party continues to refuse, the other party may have no choice but to go to court or consider going to court to resolve the matter.
You risk losing the opportunity to negotiate a flexible, tailored agreement outside of the rigid court system.
Providing all necessary documents is essential before you start mediation to ensure a productive process and avoid unnecessary delays or complications.
You cannot force the other party into an agreement without giving them visibility into your financial position. Fairness goes both ways.
Is Financial Disclosure in Mediation Legally Binding?
No, the financial summary you share in mediation is not legally binding, unless:
You both agree on a financial settlement
That agreement is converted into a Consent Order approved by a court
Until then, anything discussed in mediation is “without prejudice”, meaning it cannot be used against you in court.
However, the mediator keeps a record of whether full disclosure was made. If your case ends up in court, refusal to disclose could be noted.
What If You Think the Other Person Is Hiding Assets?
If you suspect your ex-partner is being dishonest:
Raise it with the mediator - they are trained to spot inconsistencies and manage financial disclosure fairly. Many mediators have experience in identifying inconsistencies and can offer different approaches, such as shuttle mediation, to accommodate your needs.
You can request supporting documents (bank statements, payslips, mortgage balances). If there are serious concerns, a forensic accountant can be appointed by your solicitor to investigate financial records and trace the origins of income or identify discrepancies.
A pension company may be asked to provide official pension valuations or statements as part of the disclosure process.
It is important to review the other party’s financial disclosure carefully to ensure all assets are accounted for. Only a mediator accredited by the Family Mediation Council is authorised to sign certain legal forms, such as the MIAM attendance form, required for court.
If mediation fails, the court can issue formal orders to uncover hidden assets
Dishonesty in court can lead to penalties, including costs orders and having the case reopened.
The Benefits of Full Financial Disclosure in Mediation
Faster resolution – Full openness speeds up the agreement process.
Lower costs – Mediation is far cheaper than legal proceedings. How much mediation costs can vary depending on the complexity of the dispute and whether an agreement is reached, but it is generally much less expensive than going to court. Legal aid may be available to cover or reduce the cost of mediation for those on a low income.
More control – You shape the outcome, not a judge.
Confidentiality – Mediation is private; court isn’t.
Better outcomes – Agreements reached through cooperation tend to be longer-lasting and less likely to break down.
Fair settlement – Full disclosure increases the likelihood of a fair settlement that reflects both parties’ true financial positions.
Final Thoughts: Don’t Let Fear Block Progress
While you can technically refuse financial disclosure in mediation, doing so rarely helps your case. Openness is the foundation for a fair agreement - and for moving forward with confidence.
If you’re worried about privacy, fairness, or legal implications, speak to your mediator. They’re there to guide you through the process in a neutral, confidential setting.
Need Help Starting the Mediation Process?
At Digital MIAM, we make family mediation simple, secure, and affordable:
Fully online, no travel needed
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A MIAM is a Mediation Information and Assessment Meeting (sometimes called the initial meeting or first meeting), where you receive mediation information and discuss with a mediator whether mediation is suitable for your situation. The first mediation session usually follows the MIAM and is an important step in the process.
Book your MIAM online today and take the first step towards resolving your financial separation fairly.