N v N (Rev 1)

N v N (Rev 1)

The evidence and process adopted were insufficient to support a finding of material non-disclosure regarding the husband's employment intentions in 2009. The judge erred by relying on post-hearing events and imposing a duty of disclosure during appeals. The original order was not materially affected by the alleged non-disclosure.

Parties
Appellant: N; Respondent: N
Jurisdiction
England and Wales
Judgment Date
26 March 2014
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Financial Provision After Divorce, Material Non Disclosure, Duty of Disclosure, Appeals in Family Proceedings
Family Law Financial Provision After Divorce Material Non Disclosure Duty of Disclosure Appeals in Family Proceedings

Case Brief

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Parties

N

Appellant

N

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether material non-disclosure occurred in financial proceedings following divorce
  2. 2 Whether a duty of disclosure extends during appellate proceedings
  3. 3 Whether non-disclosure would have led to a substantially different order

Ratio Decidendi

The evidence and process adopted were insufficient to support a finding of material non-disclosure regarding the husband's employment intentions in 2009. The judge erred by relying on post-hearing events and imposing a duty of disclosure during appeals. The original order was not materially affected by the alleged non-disclosure.

Court Disposition

Appeal allowed

Orders

  • Judge's order setting aside the 2009 order is set aside
  • 2009 order is reinstated