Continuing our discussion of disclosure requirements and why it is so essential to a proper determination of both parties rights and obligations, and considering football season is upon us we provide the following extracts from Manchanda v. Thethi. The full case can be found here.
“When is enough, enough? It has been clear for over 15 years that financial disclosure - early, voluntary, and complete financial disclosure - provides the factual foundation for the resolution of financial issues in family law proceedings.”
“A party should not have to endure order after order after order being ignored and breached by the other side. A refusal to disclose one’s financial affairs is not just a mis-step in the pre-trial tactical game that deserves a two minute delay of game penalty. Failure to disclose is a breach of the primary objective. Especially if it involves breach of a court order, a party who fails to disclose evinces a determination that he or she does not want to play by the rules. It is time to oblige such parties by assessing a game misconduct to eject them from the proceeding.”