Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email editor@familylaw.co.uk.
A day in the life Of...
Read on

Imerman: Cards off the Table? - Family Law journal

Date:1 SEP 2010

ANDREW MEEHAN, Senior Solicitor, Mills & Reeve

The Court of Appeal's decision in the conjoined appeals Tchenguiz v Imerman; Imerman v Imerman [2010] EWCA Civ 908, [2010] 2 FLR (forthcoming) was handed down at the end of July 2010. It has attracted great controversy and concern amongst ancillary relief practitioners, most of whom will be able to recite details of a case in which they have acted in which a client has brought in documentation they have ‘happened across' and which has subsequently demonstrated that the other spouse has not complied with their obligation to provide full and frank disclosure of their financial circumstances. Without that vital documentation, non-disclosers would have benefited from their conduct and justice would not have been done.

This anecdotal evidence is backed up by empirical evidence from Grant Thornton's most recent Matrimonial Survey published in July 2010 (ie evidence obtained before the Court of Appeal's decision in Imerman) in which those divorce lawyers polled reported that there were significant concealed or missing assets or income in between 10%-30% of cases. Non-disclosure was, therefore, already a significant and serious problem even before the Court of Appeal's decision.

To read the rest of this article, see September [2010] Family Law journal (link for online subscribers who have logged in). To log on to Family Law journal Online or to request a free trial click here.


Family Law

Family Law is the leading practitioner journal, ensuring all family law professionals keep up with the latest developments and their impact on practice. Each issue contains the latest news of legislative change, authoritative case reports, invaluable articles and news items written and compiled by experts for the practising family law professional.