EK v DK & Ors

EK v DK & Ors

The husband deliberately and dishonestly failed to disclose his intention and arrangements to purchase a new property, his access to significant liquidity, and the true position regarding overseas litigation at the time of the consent order. This intentional non-disclosure was material and deprived the wife and the court of the opportunity to make an informed decision. Applying the principle that fraud unravels all, the consent order must be set aside.

Parties
Applicant: EK; 1st Respondent: DK; 2nd Respondent: The Trustees of the LK No.2 Settlement; 3rd Respondent: The Trustees of the House Settlement
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Family / Application to Set Aside Consent Order
Outcome
Consent order set aside
Legal Topics
Financial Provision, Consent Orders, Non Disclosure, Fraudulent Misrepresentation, Set Aside Applications
Family Law Financial Provision Consent Orders Non Disclosure Fraudulent Misrepresentation Set Aside Applications

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Parties

EK

Applicant

DK

1st Respondent

The Trustees of the LK No.2 Settlement

2nd Respondent

The Trustees of the House Settlement

3rd Respondent

Procedural Posture

Family / Application to Set Aside Consent Order

Legal Issues

  1. 1 Whether the husband failed to make full and frank disclosure of his financial circumstances at the time of the consent order
  2. 2 Whether the non-disclosure was intentional or fraudulent
  3. 3 Whether the consent order should be set aside due to material non-disclosure

Ratio Decidendi

The husband deliberately and dishonestly failed to disclose his intention and arrangements to purchase a new property, his access to significant liquidity, and the true position regarding overseas litigation at the time of the consent order. This intentional non-disclosure was material and deprived the wife and the court of the opportunity to make an informed decision. Applying the principle that fraud unravels all, the consent order must be set aside.

Court Disposition

Consent order set aside

Orders

  • The March 2018 consent order is set aside in its entirety.
  • The parties are to proceed with disclosure and negotiation or rehearing of financial remedy claims.