Your ex cannot block your financial settlement by refusing to complete Form E — the court can order disclosure, and if they still refuse, it can penalise them in costs and decide the case on assumptions drawn against them. The route is to apply for a financial order using Form A, which puts both of you on a court timetable where silence has real consequences.
If you are reading this, you have probably sent polite requests, then firmer ones, and been met with excuses or nothing at all. It feels like your ex holds all the cards. They don't. This guide explains why stonewalling fails, the exact steps to force disclosure, what the court does to non-disclosers, and the mistakes to avoid while you wait.
Before you rely on this
This is general information for England and Wales, not legal advice. If your finances are complex or disputed, get advice from a qualified family lawyer.
Quick answer: what can I do if my ex refuses financial disclosure?
Apply to the court for a financial order using Form A. Once the application is issued, the court sets a timetable under the Family Procedure Rules 2010 that requires both of you to exchange Form E at least 35 days before the First Appointment. That deadline is a court direction, not a request. If your ex ignores it, the court can order them to comply, make them pay costs, attach a penal notice to its orders, and — most powerfully in practice — draw adverse inferences, meaning the judge assumes their finances are at least as healthy as the evidence suggests and divides the assets accordingly.
Why stonewalling doesn't work
Refusing to disclose is a losing strategy because the duty of full and frank disclosure is owed to the court, not to your ex. Neither of you can opt out of it. A financial settlement can only be made binding by a court order, and no judge will approve or impose an order without a picture of both parties' finances — so the non-discloser is blocking the very thing they eventually need too.
More importantly, the court does not reward silence with a stalemate. Where one party hides the ball, judges fill the gaps with assumptions drawn against that person. The Court of Appeal set out the approach in Moher v Moher [2019] EWCA Civ 1482: where disclosure is deficient, the court should not be led into making an order below what a complete picture would justify — in plain terms, the non-discloser bears the risk of the uncertainty they created. If your ex would rather you didn't see their bank statements, a judge is entitled to wonder why, and to resolve doubts in your favour.
The consequences of active dishonesty — false statements rather than silence — are covered separately in our guide to what happens if you lie on Form E.
Step 1: one last written request
Before involving the court, send one clear, dated, written request. Not because it will necessarily work — but because it strengthens your position on costs later if it doesn't. Keep it short and unemotional:
- State that you need to exchange full financial disclosure by Form E to progress the settlement.
- Give a specific deadline — 14 days is reasonable.
- Say plainly that if you don't receive it, you will apply to the court for a financial order and will refer to this letter on the question of costs.
Keep a copy, and keep proof of sending. If mediation is still running, tell your mediator about the non-engagement — mediators cannot compel disclosure, and a party who won't disclose usually makes mediation pointless. The mediator can sign your MIAM certificate so the court route is open.
Form A — the notice of intention to proceed with an application for a financial order — is what converts a voluntary process your ex can ignore into a court timetable they can't. As checked on 13 July 2026, the court fee is £321 (it rose from £313 on 13 July 2026); if you are on a low income you may qualify for Help with Fees.
Once the application is issued, the court fixes a First Appointment and standard directions follow under Part 9 of the Family Procedure Rules 2010:
- Both parties must file and exchange Form E no less than 35 days before the First Appointment. The obligation is mutual and automatic — you do not need to ask for it.
- 14 days before the First Appointment, each side files a questionnaire identifying gaps in the other's disclosure, plus a statement of issues.
- At the First Appointment, the judge decides which questions must be answered and sets deadlines for valuations and any expert evidence.
From this point your ex is no longer ignoring you; they are ignoring a judge. That distinction changes behaviour in a large number of cases — many reluctant disclosers produce a Form E shortly after Form A lands, because their own solicitor tells them how badly continued silence will go. For what the timetable looks like after exchange, see what happens after Form E is exchanged.
What the court can do to a non-discloser
If your ex stays silent even inside proceedings, the court has an escalating set of tools. In rough order of practical use:
| Tool | What it means |
|---|
| Order to comply | A direction to file Form E (or answer the questionnaire) by a fixed date. Simple, fast, and the foundation for everything below. |
| Costs orders | The court can order your ex to pay the legal costs their non-compliance caused — for example, the cost of a hearing that only happened because they didn't file. |
| Penal notice | A warning attached to an order stating that breach is contempt of court, punishable by a fine, seizure of assets or imprisonment. It makes the threat formal and committal possible. |
| Adverse inferences | The judge decides the case on assumptions drawn against the non-discloser — treating them as having at least the resources the available evidence hints at. This is the consequence that actually bites in most cases. |
| Committal for contempt | Imprisonment is legally available for defiance of an order with a penal notice, but courts use it sparingly — jailing someone rarely helps fund a settlement. Its main power is as a credible last resort. |
Note what's missing from that list: any outcome where refusing to disclose leaves your ex better off. There isn't one. A judge can and will make a final financial order without your ex's cooperation if it comes to it, based on your evidence and the inferences their silence invites.
What not to do while you wait
Frustration tempts people into self-help — going through a spouse's post, logging into their email, photographing documents in a home office. Don't. Since Imerman v Tchenguiz [2010] EWCA Civ 908, confidential documents taken this way generally cannot be used, may have to be returned or destroyed, and can expose you to claims and criticism — turning your ex's misconduct into a conversation about yours.
What you can legitimately do:
- Gather your own records of the family finances: old joint bank statements, mortgage statements, tax returns you were sent, pension letters that arrived addressed to you both.
- Write down what you know — employers, business names, properties, rough salary history. Specific, sourced knowledge makes adverse inferences easier for a judge to draw.
- Raise the gaps formally through the court questionnaire stage rather than confrontation.
The strongest position you can occupy is the reasonable party with immaculate paperwork. File your own Form E fully and on time, with every document from the Form E documents checklist attached. Judges notice asymmetry: one complete, evidenced Form E next to silence makes the inference against your ex almost irresistible — and makes costs orders in your favour easier to justify.
If you're doing this without a solicitor, our step-by-step Form E guide covers every section, and Divvio's online Form E questionnaire turns the 30-page PDF into plain-English questions, does the totals for you, and produces a court-ready form — free to start, and you only pay when you export (as checked on 9 July 2026, £149 for Self-Serve).
Frequently asked questions
Can my ex simply refuse to fill in Form E?
They can refuse a voluntary exchange, but they cannot refuse the court. Once you apply for a financial order with Form A, exchanging Form E becomes a court-directed obligation under the Family Procedure Rules 2010, due at least 35 days before the First Appointment. Continued refusal leads to compliance orders, costs orders, penal notices and adverse inferences drawn against them.
What happens if my ex ignores the court deadline for Form E?
The court can order them to file by a new fixed date, make them pay the costs their default caused, and attach a penal notice warning that further breach is contempt of court. If silence continues, the judge can decide the case anyway, drawing adverse inferences — assuming their resources are at least what the available evidence suggests.
Can I go through my ex's documents or emails to find the truth?
No. Following Imerman v Tchenguiz [2010] EWCA Civ 908, taking or copying a spouse's confidential documents without permission can make the material unusable, require its return, and expose you to legal claims. Gather your own records, write down what you know, and pursue gaps through the court's questionnaire process instead.
Will my ex go to prison for not completing Form E?
It is legally possible — breaching an order carrying a penal notice is contempt of court, punishable by imprisonment — but courts treat committal as a last resort. In practice the sanctions that bite are costs orders and adverse inferences: the judge divides the assets on assumptions drawn against the non-discloser.
Can the court make a financial order without my ex's disclosure?
Yes. If a party persistently fails to engage, the court can proceed to a final hearing without them and make an order based on the evidence available, including adverse inferences about undisclosed resources. Non-engagement delays the process but does not veto it.
How much does it cost to apply for a financial order?
As checked on 13 July 2026, the Form A court fee is £321, having risen from £313 on that date. If you receive certain benefits or have a low income, the Help with Fees scheme (form EX160) can reduce or remove the fee. Legal costs on top vary with how contested the case becomes.
