TYB v CAR (Non Disclosure)

TYB v CAR (Non Disclosure)

The court cannot make a final order in the absence of reliable and comprehensive financial disclosure from the husband. The hearing is adjourned part-heard, with specific directions for the husband to provide detailed disclosure and corroboration of his financial circumstances. If he fails to comply, the court will consider drawing adverse inferences and making orders based on the information available, including possible third party disclosure orders.

Parties
Applicant Wife: TYB; Respondent Husband: CAR
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Financial Remedies (family) / Final Hearing Adjourned Part Heard Pending Further Disclosure
Outcome
Final hearing adjourned part-heard; interim orders made; costs orders against husband for previous non-compliance.
Legal Topics
Financial Disclosure, Non Disclosure, Spousal Maintenance, Child Support, Costs Orders, Needs Based Claims
Family Law Financial Disclosure Non Disclosure Spousal Maintenance Child Support Costs Orders Needs Based Claims

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Parties

TYB

Applicant Wife

CAR

Respondent Husband

Procedural Posture

Financial Remedies (family) / Final Hearing Adjourned Part Heard Pending Further Disclosure

Legal Issues

  1. 1 How should the court proceed where there is persistent non-disclosure of financial information in financial remedy proceedings?
  2. 2 What inferences can be drawn from a party's failure to provide adequate disclosure?
  3. 3 What interim orders are appropriate pending full disclosure?

Ratio Decidendi

The court cannot make a final order in the absence of reliable and comprehensive financial disclosure from the husband. The hearing is adjourned part-heard, with specific directions for the husband to provide detailed disclosure and corroboration of his financial circumstances. If he fails to comply, the court will consider drawing adverse inferences and making orders based on the information available, including possible third party disclosure orders.

Court Disposition

Final hearing adjourned part-heard; interim orders made; costs orders against husband for previous non-compliance.

Orders

  • Husband to provide detailed disclosure of all financial accounts (including PayPal, Stripe, credit cards, and any closed accounts) for 2022 and 2023, and narrative explanation of income changes since 2017.
  • Husband to obtain and provide a letter from former lawyers detailing all legal fees paid, sources of funds, and compliance with SRA AML regulations.