What should you do if your ex refuses to disclose financial documents?

Gathering financial disclosure can become a sticking point, especially when the other party won't provide all the required documents.

Thankfully, you are not powerless. The court often takes a serious view when one party refuses to provide financial disclosure, and there are remedies available. 

The first step is usually to make a clear written request for the missing documents. This can help identify exactly what has not been provided and gives the other person an opportunity to correct the issue. 

In some cases, the matter can also be addressed through mediation or arbitration without needing a court application. 

If you are in the Alberta Court of Justice, the most common option is to ask a judge to make an order requiring the other person to provide their disclosure by a specific deadline.

If you are in the Court of King's Bench, the process can be more complicated. King's Bench family matters now proceed through the family-focused process. In many cases, you must first file and serve a Notice to Disclose. 

There are different disclosure requirements depending on whether the issue is child support, spousal support, or division of family property, so it is important to know what disclosure you require.

After the filed Notice to Disclose is served, the other party usually has 30 days to respond. 

During that same time, you must also provide your own required financial

disclosure. 

If the other party does not provide their disclosure within the required time, you may be able to apply to the court for a Disclosure Order. 

This can often be done by desk application. You will usually need to show that the

Notice to Disclose and a blank Financial Disclosure Statement were properly served, which is done by filing an Affidavit of Service. 

There can be consequences for failing to disclose. The court may order costs, set strict deadlines, draw negative conclusions, or make further orders to move the matter forward. 

If you are having difficulty obtaining financial disclosure during a divorce or separation, Nicholson Family Law can help identify your options and assist you with the next steps.