MS v FS [2020] EWFC B9 (21 February 2020)

MS v FS [2020] EWFC B9 (21 February 2020)

The court found, on the balance of probabilities and based on expert handwriting evidence and inconsistencies in the respondent's evidence, that H did not sign the key documents and was not aware of or involved in the divorce and financial proceedings. The respondent, W, procured the decree absolute and financial consent order by fraud, including forging H's signature. The orders were therefore set aside as the fraud was material and deprived H of a real prospect of a different outcome.

Citation
[2020] EWFC B9
Parties
Applicant: Mr. MS (H); Respondent: Mrs. FS (W)
Jurisdiction
England and Wales
Judgment Date
21 February 2020
Procedural Posture
Family Law – Application to Set Aside Decree Absolute and Financial Consent Order / Final Judgment After Contested Hearing
Outcome
Application granted. Decree absolute and financial consent order set aside for fraud.
Legal Topics
Setting Aside Consent Orders, Fraud in Family Proceedings, Divorce, Financial Remedies, Expert Evidence, Procedural Fairness
Family Law Civil Procedure Setting Aside Consent Orders Fraud in Family Proceedings Divorce Financial Remedies Expert Evidence Procedural Fairness

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Parties

Mr. MS (H)

Applicant

Mrs. FS (W)

Respondent

Procedural Posture

Family Law – Application to Set Aside Decree Absolute and Financial Consent Order / Final Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the decree absolute and financial consent order should be set aside for fraud
  2. 2 Whether the signatures on key documents were forged
  3. 3 Whether the applicant had knowledge of and participated in the divorce and financial proceedings

Ratio Decidendi

The court found, on the balance of probabilities and based on expert handwriting evidence and inconsistencies in the respondent's evidence, that H did not sign the key documents and was not aware of or involved in the divorce and financial proceedings. The respondent, W, procured the decree absolute and financial consent order by fraud, including forging H's signature. The orders were therefore set aside as the fraud was material and deprived H of a real prospect of a different outcome.

Court Disposition

Application granted. Decree absolute and financial consent order set aside for fraud.

Orders

  • Decree absolute dated 12 April 2011 set aside.
  • Financial consent order dated 25 February 2011 set aside.