News Article

Importance of Financial Disclosure in Mediation - 24 October 2015

The recent decision in the Supreme Court of Sharland and Gohil is a reminder to all those going through divorce that full and frank financial disclosure is required. This also applies in mediation.
Despite the husband's deliberate and dishonest non-disclosure in Sharland, the Court of Appeal held the judge in the court below was entitled to decide that, in all the circumstances, the non-disclosure was not material, as it had not resulted in an order significantly different from that which the court would otherwise have made at the conclusion of the proceedings.

The Supreme Court has now ruled that the Court of Appeal was wrong in coming to this conclusion. In other words deliberate and dishonest non- disclosure will impact on a financial settlement including those reached by agreement.

In Gohil, the husband appealed to the Court of Appeal, after a judge had made an order allowing the wife’s application to be reopened due to his dishonesty. The Court of Appeal the agreed with the husband. The Supreme Court has now ruled that the Court of Appeal was wrong in coming to this conclusion.
 

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