Can a financial settlement in divorce be overturned?

22nd October 2015

Can a financial settlement in divorce be overturned?

judges court gavel and piggy bank, on white

As Head of our Family Team, Helen Stuart, recently explained on Radio Suffolk, two recent cases decided in the Country’s highest court have raised questions about financial settlements following on from Divorce and whether they can be overturned.

The cases of Mrs Sharland and Mrs Gohil were extreme examples of spouses failing to be honest about their finances; to the extent they were found by the court to be fraudulent. Mr Sharland had told the court, who made the financial order in his case, that his shares in his business were worth twenty times less than their actual value and Mr Gohil was subject to later criminal proceedings which called into question the truthfulness of anything he had told the court previously.

Does this mean that if you discover a former spouse has not been completely honest in negotiating a financial settlement or in what they tell the court that the settlement will be overturned? Not necessarily. First of all the court made it clear that the non-disclosure had to amount to fraud and fraud is not always easy to prove – a mistake or misunderstanding will not be sufficient. Also, even if there is fraud, the court has to be satisfied that the true position, if known, would have meant the court would have made a substantially different order. Both Mrs Sharland and Mrs Gohil’s cases have now been sent back to the lower courts to consider what order actually should be made, so their fights go on.

How can our Family lawyers help you?

Our family lawyers at Gotelee are experienced in dealing with financial claims on divorce and can advise you on the process of producing the right information to result in a settlement that can be relied upon or asking the questions that are needed about a former spouse’s finances. We offer an initial fixed fee interview at one of offices in either Ipswich, Hadleigh or Felixstowe.

Partner
Practice Areas
Children
Divorce
Separation
Blog Posts

Would you let your child drink two coffees, each containing up to ten sugar cubes, before school every day?

30/08/2018

For any responsible parent, the answer is no - yet, tens of thousands of…

Read More
Upcoming Events

The Great Framlingham Sausage Festival

13/09/2018

Gotelee are proud to announce that we will be sponsoring the famous Great Framlingham…

Read More
News Posts

Prison sentences doubled for those who attack emergency services

18/09/2018

Maximum prison sentences for those found guilty of common assault against emergency services workers…

Read More

Testimonials

"Approachable, very efficient, always willing to take my calls and update me."

- SH

"We were very pleased to have Jade as our solicitor, the service was excellent and we felt kept in the loop which minimised stress"

- CT

"I have used Tracey Laflin at Gotelee on a number of occasions and in my opinion, she is simply the most efficient conveyancing solicitor I have ever worked with. From the outset, she took the time to understand my specific business requirements and to date, she has exceeded all of my expectations."

- Dale Fiddy - Portobello Developments Ltd

"I don't think this house sale would have pulled together without Jo's determination and expertise. Excellent!"

- MT

"Jade Shelton was absolutely fantastic!! Professional and proactive at all times."

- JH

"This is by far the go-to firm for any issues. You are made to feel valued from the outset and they are so confident in what they do. Wouldn't recommend any other. Thank you Hugh and Max."

- Ros Jones

"Domini was very fast and efficient in carrying out her work for me - she was also very good at explaining things to me"

-

"Prompt, helpful, polite and very professional service"

-

"The ease that we could access and speak to Pat Smith - Thank you"

-

"We found Rachel Dawson outstanding, polite, professional and caring."

-

Please select preferred method of contact

* We will only contact you by telephone if you select this as primary form of contact. All web enquiries will be stored on our website for 30 days.