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Wednesday, 28 October 2015 14:35


The Supreme Court has shown that it will not stand for dishonesty in Matrimonial Financial Settlement cases and the consequences of being dishonest will mean the Courts can reopen matrimonial financial cases for re-negotiation.

In the recent cases of Varasha Gohil and Alison Sharland the ex- spouses were given the right to challenge their divorce settlements due to findings that their ex-husbands had misled the Courts at the original hearings. This may lead to both ex-wives receiving an increase in Matrimonial Financial Settlement. So is your Matrimonial Financial Settlement Order open to challenge? 


Even prior to this judgement Courts already held the powers to set aside financial orders on the basis of material non-disclosure with regards to assets or income.  However once an order had been granted, to set aside that order was quite difficult as the bar for what amounts to a material breach had been set quite high by the Courts

These new cases do send out a clear message that being dishonest, acting fraudulently, hiding assets or income or telling lies to the Court will not be tolerated and to do so can lead to the outcome  that the Court Order once thought to be forever binding can now be reopened and renegotiated.

The lesson to be learnt is: Make sure that the duty to the Court to provide full and frank disclosure is complied with.

If you are concerned that your ex-spouse did not comply with disclosure or mislead the Court then seek advice from our Family Solicitor Sophie Mitchell.

Advice on Matrimonial Finances after Separation is available at  our Watton or Hethersett office. You may be entitled to an initial free 20 minutes where general advice will be given.

Fixed Fee Appointment at £65 plus VAT for 30 minutes.

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