Husband fails to overturn divorce settlement after misleading court
A husband has failed to overturn what he considered an unreasonably generous divorce settlement imposed after a judge held that he had misled the court.
The case involved a couple who married in 1995 and separated in 2016. They had three dependent children. The wife had looked after the home and worked part time. She got a job after the couple separated.
A clean break was considered necessary due to the husband's assault and harassment of the wife.
According to her, the husband had net assets of £1.7 million.
The judge found that the husband had provided misleading and inadequate disclosure. He was ordered to pay the wife a lump sum of £1.4 million by a specified date, failing which interest would accrue.
An order was made under the Matrimonial Causes Act 1973 prohibiting the husband from applying for decree absolute until the couple had filed a declaration that they had taken the steps required to dissolve the marriage.
The husband appealed on the grounds that in the event of non-disclosure, the court had to give a precise figure or bracket for the undisclosed wealth before making a financial remedies order.
The High Court ruled against him. It held that to impose such a requirement on the court in all cases of non-disclosure would be likely to impede its task of achieving a fair outcome.
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Case Citations:  EWCA Civ 1482 MOHER v MOHER (2019) CA (Civ Div) (King LJ, Moylan LJ, Rose LJ)
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