TYB v CAR (Non-Disclosure) (No 2)

TYB v CAR (Non-Disclosure) (No 2)

The respondent husband's persistent and deliberate failure to provide disclosure or evidence of changed financial circumstances entitles the court to presume his financial position remains as previously known, justifying the maintenance and costs orders sought by the applicant wife.

Parties
Applicant Wife: TYB; Respondent Husband: CAR
Jurisdiction
England and Wales
Judgment Date
15 August 2025
Procedural Posture
Financial Remedy / Final Judgment
Outcome
Judgment for applicant wife; maintenance and costs orders granted; capital claims adjourned for up to 10 years.
Legal Topics
Financial Remedies, Maintenance, Non Disclosure, Adverse Inference, Costs, Enforcement
Family Law Financial Remedies Maintenance Non Disclosure Adverse Inference Costs Enforcement

Case Brief

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Parties

TYB

Applicant Wife

CAR

Respondent Husband

Procedural Posture

Financial Remedy / Final Judgment

Legal Issues

  1. 1 Consequences of non-disclosure in financial remedy proceedings
  2. 2 Determination of maintenance and financial provision for spouse and child
  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 financial position remains as previously known, justifying the maintenance and costs orders sought by the applicant wife.

Court Disposition

Judgment for applicant wife; maintenance and costs orders granted; capital claims adjourned for up to 10 years.

Orders

  • Spousal maintenance of £5500 per month starting 1 August, paid in advance.
  • Any child support payments made through agency act as credit to spousal maintenance.