The legal duty to tell the court everything relevant to an application, including anything that damages your own case, particularly when applying without notifying the other side (ex parte). Failing to do this can lead to an order being discharged and a costs order being made against the applicant.
In Plain English
When you ask the court for something urgently without telling the other person first, you must be completely honest and include anything that might hurt your own case, or the order could later be cancelled and you could be made to pay costs.
This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
A "gap" is a common assumption people hold going into family court, set against what the court actually does. The bold line below is the assumption — not a fact. The reality underneath is what the court typically observes.
Gap #71
The assumption
The solicitor is driving this — they will sort it out.
The reality
Clients drive their cases while solicitors provide advice, drafting, and negotiation. You also have a personal duty of full and frank disclosure (Livesey v Jenkins [1985]; PD9A) — this cannot be delegated to your solicitor. Cooperation and honesty from you are essential for progress.
Gap #103
The assumption
I don't need to disclose that bank account — it only has a few pence in it. It's irrelevant.
The reality
Full and frank disclosure means every account, asset, and interest — regardless of value. There is no minimum threshold. An account with pennies in it today may have processed significant sums in the past. The other side will look. Omitting anything, however trivial, gives the court reason to doubt everything else.
Gap #209
The assumption
I'm not currently paying into my pension, so I don't have to declare it.
The reality
You must disclose all pensions in financial remedy proceedings — whether you are actively contributing or not. A dormant or frozen pension still has a value and is a matrimonial asset. Non-disclosure can lead to the court setting aside any order and to costs penalties. The duty of full and frank disclosure is ongoing throughout proceedings. (FPR 2010, r.9.14; Matrimonial Causes Act 1973, s.25)
Gap #227
The assumption
Once the clean break order is sealed, it's final — even if I didn't mention everything.
The reality
Full and frank disclosure is the foundation of every financial order. If you know about a substantial impending gift, bonus, inheritance, or asset and stay silent, the court can set aside the entire order. In De La Sala v De La Sala [2026] EWCA Civ 282, the Court of Appeal unravelled a clean break where the husband hid a $14.7M gift. 'Fraud unravels all.'
Navigating court alone?
A McKenzie Friend can help you understand terms like these in the context of your case.
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