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Financial Provision

Financial provision- Disclosure of material facts - Parties agreement on financial provision embodied in consent order recording wife's belief that husband not providing full and frank disclosure - Wife subsequently applying to set aside consent order on grounds of material non-disclosure by husband - Husband convicted of money-laundering and fraud - Judge permitting fresh evidence to be adduced - Judge relying on evidence some of which subsequently held inadmissible setting aside part of consent order - Relevance of principles applicable on application to Court of Appeal to introduce fresh evidence at appellate stage - Whether appellate court to consider whether on admissible alone judge would still properly have set aside consent order - Whether judge's decision to be set aside

27 October 2015

Gohil v Gohil (No 2) [2015] UKSC 61; [2015] WLR (D) 407
SC: Lord Neuberger of Abbotsbury PSC, Baronss Hale of Richmond DPSC, Lord Clarke of Stone-cum-Ebony, Lord Wilson, Lord Sumption, Lord Reed, Lord Hodge JJSC

14 October 2015

When a judge, through no fault of his, had heard both admissible and inadmissible evidence when allowing a wife's application to set aside a consent order on the grounds of material non-disclusre by the husband it was necessary to consider whether on the admissible evidence which had been before the judge he would still properly have granted the wife's application.
The Supreme Court so held, allowing the appeal of the wife, Varsha Babul Gohil, from a decision on 13 March 2014 of the Court of Appeal (Arden, Pitchford and McFarlane LJJ) [2015] Fam 89 to allow the appeal of the husband, Bhadresh Babulal Gohil, from a decision on 25 September 2012 of Moylan J [2012] EWHC 2897 (Fam) gr...

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