S v S (Rev 2)

S v S (Rev 2)

Although the husband was guilty of dishonest non-disclosure regarding IPO planning, the court concluded that the non-disclosure was not material because the order would not have been substantially different had proper disclosure occurred. The wife’s entitlement under the draft order was not prejudiced by the non-disclosure, and the risk she took was not affected by the suppressed information.

Parties
Petitioner: Mrs S; Respondent: Mr S
Jurisdiction
England and Wales
Judgment Date
29 April 2013
Procedural Posture
Application for Financial Remedies (matrimonial) / Post Settlement Application to Set Aside Draft Order for Material Non Disclosure
Outcome
Application dismissed; draft order to be sealed
Legal Topics
Financial Remedies, Non Disclosure, Materiality, Matrimonial Assets, Disclosure Obligations
Family Law Financial Remedies Non Disclosure Materiality Matrimonial Assets Disclosure Obligations

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Parties

Mrs S

Petitioner

Mr S

Respondent

Procedural Posture

Application for Financial Remedies (matrimonial) / Post Settlement Application to Set Aside Draft Order for Material Non Disclosure

Legal Issues

  1. 1 Whether the husband was guilty of material non-disclosure during financial remedy proceedings
  2. 2 Whether the non-disclosure was material to the outcome of the settlement
  3. 3 Whether the draft order should be set aside due to non-disclosure

Ratio Decidendi

Although the husband was guilty of dishonest non-disclosure regarding IPO planning, the court concluded that the non-disclosure was not material because the order would not have been substantially different had proper disclosure occurred. The wife’s entitlement under the draft order was not prejudiced by the non-disclosure, and the risk she took was not affected by the suppressed information.

Court Disposition

Application dismissed; draft order to be sealed

Orders

  • The wife's application to set aside the draft order is dismissed.
  • The draft order at 7/1 – 7 is to be sealed forthwith.