Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Resolution issues Brexit notes for family lawyers ahead of IP completion day
Family lawyer organisation, Resolution, has issued two joint notes to assist family lawyers in England and Wales ahead of the end of the Brexit transition/implementation period at 11 pm on 31 December...
Online filing is real-time on New Year's Eve: practice direction change to accommodate EU withdrawal arrangements
I have heard that there will be an amendment to the relevant practice directions to provide that online applications received on New Year’s Eve after 4:30 PM and before 11:00 PM will count as...
Northamptonshire Healthcare NHS Foundation Trust v AB
The issue in this case concerned AB’s capacity to make specific decisions about treatment relating to her anorexia nervosa. She was 28 years old and had suffered with anorexia since the age of...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
View all articles
Authors

ANCILLARY RELIEF: I v I (Ancillary Relief: Disclosure) [2008] EWHC 1167 (Fam)

Sep 29, 2018, 17:11 PM
Slug : i-v-i-ancillary-relief-disclosure-2008-ewhc-1167-fam
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jun 23, 2008, 08:45 AM
Article ID : 87297

(Family Division; Charles J; 23 June 2008)

At the FDR a consent order was made that provided for the matrimonial home to be transferred to the wife, with a charge back of 24% of the gross proceeds of sale to the husband, plus periodical payments to the wife. The wife sought to have the consent order set aside on the basis of the husband's failure to disclose that he was, at the time, engaged in negotiating a new employment contract with potential new employers. When the order was made the size of the bonus that the husband was to receive from his existing employment was not yet known, although it had already been clear at that stage that the husband was on a steep upward income curve. The wife argued that had the job negotiations been disclosed to her she would not have agreed to the husband retaining a charge over the matrimonial home.

There had been a breach of the duty of full and frank disclosure, however the disclosure of job negotiations that were still at an uncertain stage would not have made any difference to the terms of the order. The husband had not been under a duty to disclose the real prospect of a significantly larger bonus unless either his employer had provided the husband with information as to the actual or likely amount of the bonus or the husband had had other specific information that would inform thinking as to the likely rise in his bonus. The dual uncertainties concerning the bonus and the uncertainties inherent in job negotiations meant that husband's prospects were effectively no different in either case. The wife had not established that had the negotiations been disclosed the FDR would have been adjourned to await the outcome. Professionals who had advised on an order incorporating agreed terms should give careful consideration to whether they should act on a claim to set that order aside.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from