The financial affidavits from each spouse, combined, are the basis for determining the marital estate the court will distribute. Our Supreme Court minced no words in an opinion regarding each spouse’s obligations to provide “full and fair disclosure” in their sworn affidavits. Reville v. Reville, 312 Conn. 428, at 442-43 (2014)
Our cases have uniformly emphasized the need for full and frank disclosure in that affidavit. A court is entitled to rely upon the truth and accuracy of sworn statements required by the Rules of Practice, and a misrepresentation of assets and income is a serious and intolerable dereliction on the part of the affiant, which goes to the very heart of the judicial proceeding.
Our judiciary mandates both the preface and oath required on each financial affidavit to remind each affiant of the significance of a failure to meet the requirements:
I, [name of affiant], understand that the information stated on this Financial Statement, and the attached Schedules, if any, is complete, true and accurate. I understand that willful misrepresentation of any of the information provided will subject me to sanctions and may result in criminal charges being filed against me.
I, [name of affiant], being duly sworn, depose and say that the above is an accurate statement of my income from all sources, my liabilities, my assets and my net worth, from whatever sources, and whatever kind and nature, wherever situated.
A poorly prepared financial affidavit can severely impact the outcome of a case. At Nusbaum & Parrino, we work closely with our clients to prepare a financial affidavit that meets the highest standards demanded, subjecting each line item in the affidavit to careful attorney review and analysis.