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Setting aside a family breakdown finance order

Date:19 OCT 2015
Solicitor Advocate
Sharland Gohil - Lord Neuberger sums it up on non-disclosure

Supreme Court judgments were handed down last week in Sharland v Sharland [2015] UKSC 60 and Gohil v Gohil [2015] UKSC 61 and much legal commentary ink has been spilt over the past few days in analysing them. The two cases are best summed up by Lord Neuberger in his short judgment in Gohil. He agreed with Lord Wilson and the other five SCJJ with whom they sat and added:

'[44] ... where a party's non-disclosure was inadvertent there is no presumption that it was material and the onus is on the other party to show that proper disclosure would on the balance of probabilities have led to a different order; whereas where a party's non-disclosure was intentional it is deemed to be material so that it is presumed that proper disclosure would have led to a different order unless that party can show on the balance of probabilities that it would not have done so.'

If a spouse does not disclose because (like the wife in...

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