I v I

I v I

The husband's failure to disclose the advanced state of negotiations for new employment constituted a breach of the duty of full and frank disclosure. However, as at the date of the order, the uncertainties regarding the move and remuneration were real and extant. The court found that full disclosure would not have led to a substantially different order, as the expected increase in the husband's earnings was already factored into the reasoning and the structure of the order, and the wife had the opportunity to seek variation of periodical payments as circumstances changed.

Parties
Applicant: I; Respondent: I
Jurisdiction
England and Wales
Judgment Date
23 June 2008
Procedural Posture
Application to Set Aside Ancillary Relief Order / Judgment
Outcome
Application dismissed
Legal Topics
Ancillary Relief, Non Disclosure, Consent Orders, Variation of Periodical Payments
Family Law Ancillary Relief Non Disclosure Consent Orders Variation of Periodical Payments

Case Brief

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Parties

I

Applicant

I

Respondent

Procedural Posture

Application to Set Aside Ancillary Relief Order / Judgment

Legal Issues

  1. 1 Whether the husband's failure to disclose negotiations for new employment constituted material non-disclosure justifying setting aside the ancillary relief order
  2. 2 Whether the court would have made a substantially different order if full disclosure had occurred

Ratio Decidendi

The husband's failure to disclose the advanced state of negotiations for new employment constituted a breach of the duty of full and frank disclosure. However, as at the date of the order, the uncertainties regarding the move and remuneration were real and extant. The court found that full disclosure would not have led to a substantially different order, as the expected increase in the husband's earnings was already factored into the reasoning and the structure of the order, and the wife had the opportunity to seek variation of periodical payments as circumstances changed.

Court Disposition

Application dismissed

Orders

  • Wife's application to set aside the order made on 20 July 2006 is dismissed