Duty to disclose a windfall

At a “First Appointment” hearing, the judge told the parties that, if either of them wins the lottery, they must declare it.

The typewritten order itself does not say anything about this.

What and where are the rules about this?

The context is that one of the parties just lost a parent and might (or might not) receive a substantial inheritance.

Both parties have a duty to update disclosure as changes occur.

Inheritance is not part of the matrimonial pot for division. It can however be seen as an asset to which that party has recourse if required ie to meet housing needs.

Hadenoughnow

How (and to whom exactly) should a party that received a windfall disclose it?

And, if that party fails to disclose it, what can the other party do about it?

Updating disclosure is exchanged between the parties ahead of a hearing. It includes copies of bank statements since form E. Such disclosure is part of the hearing order.
Any funds paid into an account would show up. Ideally a windfall should be declared when it is received. Failure to declare could be seen as contempt of court. It could also mean any settlement order could be overturned.
If one party believes there is material non disclosure and a simple request for it fails, they can apply for an order to disclose providing what evidence they have. The order may be backed by a penal notice. Ultimately this means the non discloser can be sent to prison if they don't comply.

What sort of windfall are you talking about??

Hadenoughnow

The typewritten order in this case lists the application for a Final Hearing but does not mention updating disclosure.

What sort of windfall are you talking about??

An inheritance.

If one party believes there is material non disclosure and a simple request for it fails, they can apply for an order to disclose providing what evidence they have. The order may be backed by a penal notice. Ultimately this means the non discloser can be sent to prison if they don't comply.

Should the application notice specifically ask the court to back the order by a penal notice - or will the judge just add one if appropriate, regardless of whether the application asks for it?

Updating disclosure is rarely mentioned specifically as the rules already provide for it.

See paragraph 7 of the Annex Pre-application protocol which is here www.justice.gov.uk/courts/procedure-rule...rections/pd_part_09a

Charles