The Supreme Court has unanimously allowed the appeals of two women who challenged settlements received in divorce proceedings after it was subsequently discovered that their husbands had deceived them as to the extent of their true wealth.
Both Alison Sharland and Varsha Gohil argued that they agreed to unfair settlements which were entered into on the basis of false information provided to the court in divorce proceedings. They argued that these agreements should not be binding and sought for the existing orders to be overturned so their claims could be reconsidered to take into account the true extent of the assets. The Supreme Court agreed and sent out a clear warning that financial disclosure in divorce proceedings must be full and frank, otherwise the party who has been misled may be able to revisit the settlement.
These judgements are likely to give rise to a significant increase in litigation as parties look again at previous settlements and awards.
If you would like to discuss reviewing or challenging a previous settlement please do not hesitate to contact us and one of our specialist family lawyers would be happy to assist.