Source: All England Reporter
Publisher Citation: [2013] All ER (D) 307 (Feb)
Neutral Citation: [2012] EWHC 2995 (Fam)
Court: Family Division

Mostyn J

Representation Nicholas Cusworth QC and Alexander Thorpe for the wife.
  Martin Pointer QC and Simon Webster for the husband.
  Deborah Bangay QC and David Blayney for the first and second interveners.
Judgment Dates: 26 October 2012


Divorce - Financial provision - Estoppel in maintenance proceedings - Wife petitioning for divorce - Wife alleging husband making fraudulent agreement with friend for purpose of transferring husband and wife's wealth to friend - Friend obtaining default judgment against husband pursuant to agreement - Wife making application to set aside judgment - Wife subsequently reaching compromise with husband involving withdrawal of application to set aside - Husband applying to court for order preventing wife from relying on claims of fraudulence in financial remedy proceedings - Husband applying for order preventing wife from running arguments on add-back for wealth transferred to friend at final trial.

The Case

Divorce Financial provision. The High Court, Family Division, held that it would not apply the doctrine of res judicata to bar a wife from raising claims during financial remedy proceedings of fraud in relation to the husband's agreement with a friend where the wife had agreed to withdraw her application to set aside a default judgment which the friend had obtained against the husband pursuant to the agreement.

Practice Areas

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