Source: All England Reporter
Publisher Citation: [2015] All ER (D) 67 (Jan)
Neutral Citation: [2014] EWHC 4481 (Fam)
Court: Family Division

Holman J

Representation Justin Warshaw for the wife.
  The respondent did not appear and was not represented.
Judgment Dates: 19 December 2014


Divorce - Financial provision - Consent order - Appeal - Setting aside order - Wife bringing proceedings for divorce and financial remedy order - Wife suspecting husband having property in Jordan and seeking disclosure in form of questionnaire - Husband denying allegation - Consent order on financial provision being made - Wife subsequently receiving confirmation that husband having property of significant value in Jordan - Wife applying for permission to appeal against consent order - Whether permission to appeal to be granted.

The Case

Divorce Financial provision. A wife began proceedings for divorce and a financial remedy order. She suspected that her husband had property in Jordan and asked him for disclosure. He denied the allegation and a consent order on financial provision was granted. The wife discovered later that the husband did have property in Jordan. She applied for permission to appeal against a consent order. The Family Division, in allowing the application, held that, whilst non-disclosure did not mean that a consent order previously granted should be set aside, in the present case, there was evidence of potentially significant non-disclosure and the wife's appeal had a realistic prospect of success.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.