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Case law: Financial settlements on divorce can be re-opened if one spouse has not made full and accurate financial disclosure

Spouses and civil partners must fully and accurately disclose their financial affairs in divorce or dissolution proceedings or risk settlements being set aside if the information is later found to be incomplete or fraudulent.

Legal Alert

This update was published in Legal Alert - November 2015

Legal Alert is a monthly checklist from Atom Content Marketing highlighting new and pending laws, regulations, codes of practice and rulings that could have an impact on your business.

Two wives in unrelated divorce proceedings agreed to settlements with their husbands, who they later discovered had deliberately given false or incomplete information about their finances. The ex-wives applied to set the settlements aside.

The Supreme Court heard both applications together and ruled that their respective settlements should be set aside. It sent the cases back to the High Court to reconsider whether the wives' respective settlements should be amended.

Operative date

  • Now

Recommendations

  • Spouses and civil partners must fully and accurately disclose their financial affairs in divorce or dissolution proceedings or risk any settlements being set aside if the information is later found to be incomplete or fraudulent.

Case law: Sharland v Sharland [2015] UKSC 60
Gohil v Gohil [2015] UKSC 61.

Disclaimer: This article from Atom Content Marketing is for general guidance only, for businesses in the United Kingdom governed by the laws of England. Atom Content Marketing, expert contributors and ICAEW (as distributor) disclaim all liability for any errors or omissions.

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