Moher v Moher

Moher v Moher

A judge is not required to quantify undisclosed assets by figure or bracket in every case of non-disclosure; it is sufficient if the judge finds, on the evidence, that the available resources are adequate to meet the award and the parties’ needs. The trial judge’s approach and award were justified and within the permissible range, given the husband’s non-disclosure and the evidence available.

Parties
Appellant: Moher; Respondent: Moher
Jurisdiction
England and Wales
Judgment Date
21 August 2019
Procedural Posture
Appeal Financial Remedy (family) / Court of Appeal Judgment on Appeal From High Court (family Division)
Outcome
Appeal dismissed
Legal Topics
Financial Remedies on Divorce, Non Disclosure of Assets, Periodical Payments, Lump Sum Orders, Interest on Lump Sum, Get (jewish Religious Divorce), Section 25 Matrimonial Causes Act 1973, Costs Orders
Family Law Financial Remedies on Divorce Non Disclosure of Assets Periodical Payments Lump Sum Orders Interest on Lump Sum Get (jewish Religious Divorce) Section 25 Matrimonial Causes Act 1973 +1 more

Case Brief

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Parties

Moher

Appellant

Moher

Respondent

Procedural Posture

Appeal Financial Remedy (family) / Court of Appeal Judgment on Appeal From High Court (family Division)

Legal Issues

  1. 1 Whether the trial judge erred by failing to quantify the husband's financial resources in the context of non-disclosure
  2. 2 Whether the lump sum award of £1.4 million was properly reasoned and justified by the wife's needs
  3. 3 Whether the judge erred in awarding interest on the lump sum and periodical payments

Ratio Decidendi

A judge is not required to quantify undisclosed assets by figure or bracket in every case of non-disclosure; it is sufficient if the judge finds, on the evidence, that the available resources are adequate to meet the award and the parties’ needs. The trial judge’s approach and award were justified and within the permissible range, given the husband’s non-disclosure and the evidence available.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the financial remedy order of the High Court is upheld.