L v M [2014] EWHC 2220 (Fam) (01 July 2014)

L v M [2014] EWHC 2220 (Fam) (01 July 2014)

The Husband is to be held to the Separation Agreement and Consent Order as he freely entered into the agreement with full appreciation of its implications, failed to provide full and frank disclosure, and did not establish a material change in circumstances. His refusal to answer the Wife's Questionnaire and failure to comply with court orders justifies drawing adverse inferences against him regarding his financial resources.

Citation
[2014] EWHC 2220 (Fam)
Parties
Applicant: L; Respondent: M
Jurisdiction
England and Wales
Judgment Date
01 July 2014
Procedural Posture
Family Law Financial Remedies / Final Hearing on Application to Show Cause
Outcome
Application granted; Husband held to Separation Agreement and Consent Order
Legal Topics
Separation Agreements, Financial Disclosure, Enforcement of Consent Orders, Variation of Financial Orders, Contempt of Court
Family Law Separation Agreements Financial Disclosure Enforcement of Consent Orders Variation of Financial Orders Contempt of Court

Case Brief

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Parties

L

Applicant

M

Respondent

Procedural Posture

Family Law Financial Remedies / Final Hearing on Application to Show Cause

Legal Issues

  1. 1 Whether the Husband should be held to the Separation Agreement and Consent Order
  2. 2 Whether there was sufficient financial disclosure
  3. 3 Whether the Husband received legal advice

Ratio Decidendi

The Husband is to be held to the Separation Agreement and Consent Order as he freely entered into the agreement with full appreciation of its implications, failed to provide full and frank disclosure, and did not establish a material change in circumstances. His refusal to answer the Wife's Questionnaire and failure to comply with court orders justifies drawing adverse inferences against him regarding his financial resources.

Court Disposition

Application granted; Husband held to Separation Agreement and Consent Order

Orders

  • Husband to pay Wife lump sum of £2,000,000 in instalments as per Agreement
  • Husband to pay maintenance as per Agreement (£13,333 pcm until lump sum paid, £9,000 pcm for 4 years, £6,000 pcm thereafter until child completes university or turns 25)