TYB v CAR (Non-Disclosure) (No. 2) [2025] EWFC 263 (B) (30 June 2025)

TYB v CAR (Non-Disclosure) (No. 2) [2025] EWFC 263 (B) (30 June 2025)

The respondent husband's persistent and deliberate failure to provide disclosure or evidence of changed financial circumstances entitles the court to presume his previous high income and lifestyle continue, justifying the maintenance and costs orders sought by the applicant wife.

Citation
[2025] EWFC 263 (B)
Parties
Applicant Wife: TYB; Respondent Husband: CAR
Jurisdiction
England and Wales
Judgment Date
30 June 2025
Procedural Posture
Financial Remedies on Divorce / Final Hearing and Judgment
Outcome
Applicant wife's claim for maintenance and costs allowed; capital claims adjourned for up to 10 years.
Legal Topics
Financial Remedies, Non Disclosure, Adverse Inference, Spousal Maintenance, Child Support, Costs, Enforcement
Family Law Financial Remedies Non Disclosure Adverse Inference Spousal Maintenance Child Support Costs Enforcement

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Parties

TYB

Applicant Wife

CAR

Respondent Husband

Procedural Posture

Financial Remedies on Divorce / Final Hearing and Judgment

Legal Issues

  1. 1 Consequences of non-disclosure in financial remedy proceedings
  2. 2 Determination of maintenance and financial provision where one party refuses disclosure
  3. 3 Adverse inference and burden of proof in family law

Ratio Decidendi

The respondent husband's persistent and deliberate failure to provide disclosure or evidence of changed financial circumstances entitles the court to presume his previous high income and lifestyle continue, justifying the maintenance and costs orders sought by the applicant wife.

Court Disposition

Applicant wife's claim for maintenance and costs allowed; capital claims adjourned for up to 10 years.

Orders

  • Respondent husband to pay spousal maintenance of £5500 per month in advance from 1 August 2025.
  • Any future child support payments made through agency to act as credit against spousal maintenance.