Has your spouse misled the court about their wealth? If the answer to this is yes then the recent Supreme Court judgment in the cases of Sharland -v- Sharland [2015] UKSC60 and Gohil  -v-  Gohil [2015] UKSC61 could assist you.  In both these cases it was alleged that the husbands have misled the court about their financial positions and this has now meant that their cases can be re-opened.  In the case of Sharland Mr Sharland had suggested that he had no plans to float the company in which he owned shares of but in fact it subsequently came to light that he was preparing to do so and therefore the company was more valuable than he had led the court to believe.

In the case of Gohil Mrs Gohil believed her husband (who was a solicitor) was concealing assets.  He was subsequently convicted of money laundering and sentenced to ten years imprisonment.  In both of these cases the Supreme Court ruled on the 14 October 2015 that they would allow the wife’s appeals and the finances of the parties will now need to be reconsidered again by the court.  Fraud has usually been enough to have a financial order set aside unless the court are satisfied that knowledge of the fraud would have made no difference to either the court or the spouse involved.  However, this just reiterates the fact that if there has been fraud/serious non-disclosure then any financial agreement reached within the divorce proceedings could potentially be set aside.

Therefore even if a financial order has been made within divorce proceedings between you and your spouse if you believe that your spouse has misled the court about their wealth and therefore it is likely that if the court and you had had knowledge of the fraud/misleading a different order may have been made then please do not hesitate to consult our family department to discuss the matter further.

For further information see www.brearleyssolicitors.com/what-we-do/family/