Supreme Court Ruling for Divorce Settlements
The Law Society Gazette recently highlighted a Supreme Court Ruling which set aside divorce settlements of two women where there had been a non-disclosure of assets. The Courts demonstrate on this occasion that they will not tolerate dishonestly in the Family Court System.
Two women have been granted permission to challenge their divorce settlements when the Supreme Court unanimously found that their respective husband’s mislead the Court in their original Court hearing.
This Judgment has far reaching implications in many other cases, including those cases where there are smaller amounts of money at stake.
It anticipated that in light of this Judgment that a significant number of individuals may wish to go back to Court to challenge existing settlements. This Judgment gives a clear message from the Supreme Court that if you want finality in your divorce case and not to have the matter dragged back into Court after a settlement is seemingly concluded, there is one message, do not mislead or lie to the Court.
It therefore appears easier for wronged parties to re-open proceedings where there has been a fraudulent misrepresentation of a person’s financial positions or circumstances relevant to the division of the assets. It sets an important precedent for material non-disclosure cases.
If you need advice on material non-disclosure, or whether you can re-open a settlement then please do not hesitate to contact our specialist law team, Clarkson Hirst Family Team, Kerry Davies, Suzanne Willey, Jacqueline Partington, Sean Harkin or our paralegals Curtis Booth and Amy Dawber on 0800 919 231.