Divorce – Importance of giving a full summary of assets
In the case of Gohil v. Gohil, the Court of Appeal considered whether the High Court Judge should have set aside a Consent Order.
At the previous Hearing, the High Court Judge had set aside a Consent Order in financial relief proceedings, even though the divorce had been final for some years.
The Judge set aside the Consent Order following the Wife’s application, on the basis that there had been material non-disclosure on the part of the Husband.
The Judge also took into account subsequent material used in criminal proceedings against the Husband.
The Court of Appeal, Civil Division, later ruled that the criminal material should have been disclosed for use by the Wife.
On the Husband’s appeal, the Court of Appeal found that the Judge did not have jurisdiction to set aside an Order made by an equivalent Judge at first instance.
In addition, the Court found that the High Court Judge had erred in having set aside the Order on the basis of fresh evidence.
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