JB v DB

JB v DB

The consent order of 15 June 2018 was set aside because it was made on the fundamentally mistaken basis that the trusts owning the matrimonial properties could be collapsed and their value divided, when in fact the New York trust could not be collapsed and the children's interests had not been properly considered. The court found that neither party could have discovered the true facts with due diligence at the time, and that the order could not stand.

Parties
Applicant: JB; Respondent: DB
Jurisdiction
England and Wales
Judgment Date
23 July 2020
Procedural Posture
Financial Remedy (family Division) / Application to Set Aside Consent Order; Cross Application; Costs Determination
Outcome
Consent order of 15 June 2018 set aside; costs order against respondent; directions for representation of children; no order for sale of New York property at this stage.
Legal Topics
Financial Remedies, Variation of Settlement, Trusts in Divorce, Mistake in Consent Orders, Children's Interests in Matrimonial Property
Family Law Financial Remedies Variation of Settlement Trusts in Divorce Mistake in Consent Orders Children's Interests in Matrimonial Property

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Parties

JB

Applicant

DB

Respondent

Procedural Posture

Financial Remedy (family Division) / Application to Set Aside Consent Order; Cross Application; Costs Determination

Legal Issues

  1. 1 Whether the consent order of 15 June 2018 should be set aside for fundamental mistake regarding the collapsibility of trusts owning matrimonial property
  2. 2 Whether the interests of the children in the trusts require their joinder and representation
  3. 3 Whether an order for sale or variation of trust can be made without hearing from the children

Ratio Decidendi

The consent order of 15 June 2018 was set aside because it was made on the fundamentally mistaken basis that the trusts owning the matrimonial properties could be collapsed and their value divided, when in fact the New York trust could not be collapsed and the children's interests had not been properly considered. The court found that neither party could have discovered the true facts with due diligence at the time, and that the order could not stand.

Court Disposition

Consent order of 15 June 2018 set aside; costs order against respondent; directions for representation of children; no order for sale of New York property at this stage.

Orders

  • Order of 15 June 2018 set aside with effect from 8 August 2020.
  • Younger children (A and S) to be represented by a guardian (wife’s sister, subject to consent).