Divorce Settlements Built on Fraud
In family proceedings there is a duty to provide full and frank disclosure. The parties cannot cherry pick what they want to disclose.
In a landmark ruling in two high profile cases of Sharland v Sharland and Gohill v Gohill, the Supreme Court allowed both wives appeals to set aside the original orders. Mrs Gohill was initially awarded £270,000 and a car from her divorce settlement. When her husband was subsequently convicted of money laundering sums up to £37 million, it became clear that he had misled the court.
Mrs Sharland accepted approximately £10.355 million believing this to be half of the available assets. Mr Sharland failed to disclose negotiations to float on the Stock exchange, which suggested his company could be worth around £600 million.
The recent rulings mean that the party who has not been honest, will have to prove that their failure to disclose material assets or income would have had no impact on the financial award made on divorce.
Creighton & Partners Solicitors specialise in Matrimonial Law and have experienced solicitors who can help clients through a divorce and the financial remedy proceedings. Contact us if you require any help on any aspect of family law.