Two women who said that their ex-husbands misled judges about how much they were worth win right to have settlements re-examined
Two ex-wives who say they are entitled to more money after separation have won supreme court claims that will allow disputed divorce settlements to be re-opened.
Alison Sharland, 48, and Varsha Gohil, 50, argued that their ex-husbands misled judges about how much they were worth. Their claims will now go back to high court to be re-assessed.
Dishonesty or fraud involving failure to disclose financial assets are grounds for renegotiating previously resolved disagreements, according to unanimous judgments by a bench of seven justices.
The rulings are likely to tempt some aggrieved ex-spouses to restart legal actions. Both women took their claims to the supreme court in London to establish that non-disclosure in divorce settlements requires a case to be re-examined. Their ex-husbands disagreed.
Delivering judgment in the Sharland case, Lady Hale, deputy president of the supreme court, said: “She had been deprived of her right to a full and fair hearing of her claims.”
Both women posed for photos outside the court, smiling, and with their arms around each other. Gohil said: “I’m absolutely relieved by this judgment. I am relieved by the clarity and decisions by the judges.”
Gohil, who said her children had given her the strength to continue fighting the case, added: “There are absolutely no winners in divorce and more than a thought has to be given to the children of families locked in this type of litigation. The price they pay is a very heavy one. The emotional strain of it is huge on everyone, the drain in financial resources is enormous and none of it serves the family.”
http://www.theguardian.com/law/2015/oct/14/women-right-reopen-divorce-settlements-supreme-court
Two ex-wives who say they are entitled to more money after separation have won supreme court claims that will allow disputed divorce settlements to be re-opened.
Alison Sharland, 48, and Varsha Gohil, 50, argued that their ex-husbands misled judges about how much they were worth. Their claims will now go back to high court to be re-assessed.
Dishonesty or fraud involving failure to disclose financial assets are grounds for renegotiating previously resolved disagreements, according to unanimous judgments by a bench of seven justices.
The rulings are likely to tempt some aggrieved ex-spouses to restart legal actions. Both women took their claims to the supreme court in London to establish that non-disclosure in divorce settlements requires a case to be re-examined. Their ex-husbands disagreed.
Delivering judgment in the Sharland case, Lady Hale, deputy president of the supreme court, said: “She had been deprived of her right to a full and fair hearing of her claims.”
Both women posed for photos outside the court, smiling, and with their arms around each other. Gohil said: “I’m absolutely relieved by this judgment. I am relieved by the clarity and decisions by the judges.”
Gohil, who said her children had given her the strength to continue fighting the case, added: “There are absolutely no winners in divorce and more than a thought has to be given to the children of families locked in this type of litigation. The price they pay is a very heavy one. The emotional strain of it is huge on everyone, the drain in financial resources is enormous and none of it serves the family.”
http://www.theguardian.com/law/2015/oct/14/women-right-reopen-divorce-settlements-supreme-court