Undisclosed Assets in Scottish Divorce Cases - Practical Steps for Recovery of Documents

Introduction

This webinar explores the practical options available in Scottish family law cases where there are concerns about incomplete financial disclosure or hidden assets. Focusing on the recovery of documents by commission and diligence, it will cover when recovery is appropriate, drafting specifications of documents, optional procedure, and the execution of commissions.

The webinar will also address key practical considerations, including appointing commissioners, citing havers, managing the commission process, responding to inadequate disclosures and using recovered documents in litigation, with reference to both Sheriff Court and Court of Session procedures.

What You Will Learn

This webinar will cover the following:

• How to identify common warning signs that assets may not have been properly disclosed
• How to seek voluntary disclosure through correspondence and define what is actually being requested
• When it is time to move from correspondence to court action
• Practical tips for drafting a focused and effective specification of documents
• How commission and diligence works in practice in family actions
• Citing havers and using the relevant forms in the Sheriff Court and Court of Session
• Appointing a commissioner and preparing properly for the commission itself
• Dealing with incomplete, evasive or unsatisfactory responses
• What to do with recovered material in practice
• Key procedural differences between the Sheriff Court and Court of Session