US v SR

US v SR

The Husband, despite admitted egregious non-disclosure and fraud, has now made full disclosure and there is no reliable evidence of further undisclosed assets or income. The Wife's disposal of Russian properties was unauthorised, at undervalue, and involved deception; a notional sum of £1 million is reattributed to her account for the reckless undervalue sale of Property B. The Wife's conduct does not warrant further add-back for Property K or garage proceeds. Both parties' misconduct is recognised, but the Husband's litigation misconduct is more grave and may attract a costs penalty. Final distribution and costs are reserved for further submissions.

Parties
Applicant: US; Respondent: SR
Jurisdiction
England and Wales
Judgment Date
31 January 2014
Procedural Posture
Cross Applications for Financial Remedy Orders (divorce/ancillary Relief) / Fact Finding Judgment Prior to Distribution and Costs Determination
Outcome
Fact-finding judgment; no final orders on distribution or costs; findings on computation and conduct issued; further submissions invited.
Legal Topics
Non Disclosure of Assets, Adverse Inferences, Reattribution of Assets, Litigation Misconduct, Marital Misconduct, Ancillary Relief, Disclosure Obligations, Costs, Property Division
Family Law Matrimonial Causes Financial Remedies Non Disclosure of Assets Adverse Inferences Reattribution of Assets Litigation Misconduct Marital Misconduct +4 more

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Parties

US

Applicant

SR

Respondent

Procedural Posture

Cross Applications for Financial Remedy Orders (divorce/ancillary Relief) / Fact Finding Judgment Prior to Distribution and Costs Determination

Legal Issues

  1. 1 Whether the Husband has undisclosed assets or income
  2. 2 Whether the Wife's disposal of Russian properties warrants reattribution
  3. 3 Whether sales were at undervalue and if proceeds were spent reasonably

Ratio Decidendi

The Husband, despite admitted egregious non-disclosure and fraud, has now made full disclosure and there is no reliable evidence of further undisclosed assets or income. The Wife's disposal of Russian properties was unauthorised, at undervalue, and involved deception; a notional sum of £1 million is reattributed to her account for the reckless undervalue sale of Property B. The Wife's conduct does not warrant further add-back for Property K or garage proceeds. Both parties' misconduct is recognised, but the Husband's litigation misconduct is more grave and may attract a costs penalty. Final distribution and costs are reserved for further submissions.

Court Disposition

Fact-finding judgment; no final orders on distribution or costs; findings on computation and conduct issued; further submissions invited.

Orders

  • £1 million reattributed to Wife's account for undervalue sale of Property B
  • No further add-back for Property K or garage proceeds